When the driver that is accused of drinking and driving chooses to submit to a breath test, the officer will transport the suspect to a police station, sub-station or other location where a breathalyzer is located. In Colorado these breath testing machines are located at police stations, military bases, colleges, and even mobile police stations (motor home). These breath testing machines should not be confused with a portable breath test (PBT) that is carried by cops. The breathalyzer is a machine that sits on a desk or table. The person accused of drinking and driving is instructed to blow into the machine until a breath sample is collected. The breathalyzer provides a result in a few moments. The suspected DUI driver provides two breath samples, the lower result is reported in the criminal charges for DUI or DWAI. If the result is .05 - .079 BAC, the person is charged with driving while ability impaired ( DWAI ). DWAI is a lessor offense than Driving Under the Influence ( DUI ). If the breath test provides a result of .08 BAC or higher (.02 or higher for a minor), the driver is charged with Driving Under the Influence ( DUI ), also known as drunk driving. When the person’s BAC shows a result of .08 or higher the officer must provide the driver with notice of the right to a DMV administrative hearing. When the results of a breath test (not the portable breath test carried by police) the officer will physically take the license of the person accused of drinking and driving, charge the driver with a criminal summons for DUI, DUI per se, and issue the driver a temporary license.
