As homecoming season approaches, so does the problem of underage drinking and driving. As a former paramedic, I know all too well that teens will get drunk and get behind the wheel of their car...putting themselves and others at risk. However, as a Denver criminal defense lawyer, the notion of conducting illegal searches on every student is appalling and flies in the face of our 4th Amendment protections. A Denver area school is planning to do just this. They intend to breathalyze every student
who enters the homecoming dance.
Aside from the constitutional violations, these portable breath tests are not scientifically reliable and cannot be used as evidence in a Colorado criminal trial. There are numerous instances of false positive results where the test subject had consumed zero alcohol. This is why I always advise people who are being investigated for DUI to politely decline to take this portable breath test at the scene. There is no penalty for doing so. There is a potential penalty for refusing the official breath test or blood test at the police station.