Colorado’s “Express Consent” law also means that if you refuse to undergo a chemical blood alcohol test, you can lose your driver’s license for up to one year automatically. So you must consent to a chemical test if law enforcement suspects you are driving under the influence of alcohol.
When police stop you for suspicion of Driving Under The Influence (DUI) in Colorado, the officer will likely ask you you take a Breathalyzer test on the spot. If you have been drinking, we advise that you politely decline to take the breath test – it is optional and perfectly legal for you to refuse.
The reason is that the Colorado law enforcement officer pulled you over for suspicion of DUI, so they already have the probable cause necessary to arrest you. If you have been drinking, the Breathalyzer test results are immediate for use against you in your DUI case.
A better option at this point is to request the chemical blood alcohol content (BAC) test for several reasons:
First, the elapsed time between the traffic stop, booking, and transporting to the hospital for the blood draw can be several hours. That’s enough time to decrease your BAC test result significantly.
Secondly, your DUI attorney will have more opportunity to contest how the blood draw occurred, the experience and credentials of the Phlebotomist, and the calibration and maintenance records of the lab equipment used in your test.
About The Chemical Blood Draw
A blood draw determines whether the suspect is under the influence of alcohol or illegal drugs. A technician will take a small amount of blood from the suspect’s finger or a vein to process the test. An incorrect blood draw technique can produce an inaccurate BAC test result that could indicate an illegal level of alcohol or drugs in your system.
Blood Test vs. Breathalyzer Test
Blood and breath tests have advantages and disadvantages. The blood test produces an alcohol level concentration (BAC) reading that is usually more accurate than a Breathalyzer BAC reading. So a driver may appear to be intoxicated on the breath test, but his BAC level might be under the legal limit.
At a DUI roadside stop, it’s best to politely refuse the Breathalyzer test and ask to take a chemical test. It might seem like a waste of time, but it might save your license and liberty.
A DUI arrest is frightening and disruptive. Contact our office for immediate help with a DUI arrest in the Colorado Springs, Colorado area. Attorney Mike Moran has saved thousands of people in your position from the humiliation, costs, and loss of liberty that a DUI conviction will bring to your life.
Mr. Moran will be happy to show you how a top DUI lawyer can beat your DUI charge and keep you out of jail.
Schedule a free consultation today to learn from a local DUI expert how he will keep these negative consequences out of your life.