Did You Fail a Blood or Breath Test After Being Arrested for DUI?
Challenging the Evidence in Your Colorado DUI Case
Were you told to take a blood or breath test after being arrested for suspicion of driving under the influence (DUI)? Were the results of this test not in your favor? Do not give up. You can still challenge the test results and your charges with the help of our Denver DUI defense lawyers at Fife Luneau, P.C.
Why do people trust Fife Luneau, P.C. in the face of DUI charges?
- We are available 24/7 for client emergencies and convenience
- We have focused our practice intentionally on DUI cases
- We can represent you in state and federal courts when needed
- Our lead attorney has been recognized by Super Lawyers®
- Read recent successes regarding DUI breath tests here
Whether you failed a breath or blood test, or refused to take one, you face serious penalties if convicted. In addition to possibly serving time in jail, paying fines, and losing your driving privileges, having a DUI conviction on your criminal record can damage your professional and personal reputation.
Fortunately, our Denver DUI attorneys at Fife Luneau, P.C. may be able to help you avoid conviction or get your charges substantially reduced. We can evaluate your case, determine your legal options, and find any weaknesses in the prosecution’s case to protect your rights, reputation, and freedom.
Act quickly to protect your rights. Contact our law firm at (720) 408-7130 to arrange your FREE consultation.
Chemical Tests vs. Preliminary Breath Tests (PBT)
As a licensed driver in Colorado, you automatically provide consent to a chemical test if you are lawfully arrested for driving under the influence. This is known as Colorado's “express consent” law. This means that, if you refuse to take a breath or blood test, you could lose your driver’s license for one year.
If you refuse a second time, you could lose your license for two years. For your third or any subsequent chemical test refusal after a DUI arrest in Denver, you will face a three-year driver's license suspension.
On the other hand, a police officer may ask you to take a roadside preliminary breath test (PBT). If you are at least 21 years old, you may decline this type of test without facing legal consequences. Similar to all field sobriety tests, it’s a tool that helps law enforcement establish probable cause for arrest.
What is a DUI Blood Test?
To press DUI charges in Colorado, a prosecutor needs ample evidence; a police officer’s statements might not be enough. The collection of more concrete evidence of intoxication can be made possible with a blood test, which is generally taken at a police station after a DUI arrest, but before charges are actually filed.
The results of the blood test will show the suspect’s blood alcohol concentration (BAC). An adult with a standard driver’s license is legally intoxicated with a BAC of 0.08% or higher, which constitutes DUI. A BAC of just 0.05% can also constitute a driving while ability impaired (DWAI) charge in Colorado.
How to Fight a DUI Blood or Breath Test
There are numerous ways to challenge blood or breath test evidence in a Colorado DUI case. In some cases, a law enforcement officer may have failed to properly administer the test, leading to discrepancies in the results. In other cases, it could be possible that the testing device wasn’t properly calibrated.
Another way to challenge a chemical test as evidence against you is to question the justification and legality of the test itself. To get a blood sample from a criminal suspect, law enforcement agencies must first obtain a warrant from a court, which can take many hours or longer in some situations.
In their haste to grab usable evidence, and to not let a suspect sober up, a law enforcement agent might conduct a blood draw and test with no warrant. If this can be proven by your DUI lawyer, you might be able to get all chemical evidence collected against you deemed inadmissible by the court.
Other arguments against DUI blood tests could include:
- Blood sample was not stored properly, leading to contamination.
- Test administrator was untrained, causing an abnormally high BAC reading.
- Testing machine was not maintained or otherwise defective.
Now is the Time to Protect Your Rights & Driving Privileges
The prosecution will move quickly to try to secure a DUI conviction when there appears to be blood or breath test evidence in their favor. You do not have time to spare. Call (720) 408-7130 or contact our Denver DUI defense attorneys online as soon as you can. We look forward to helping you.
We are available 24/7. Give us a call today at (720) 408-7130 to get started on your case with a free evaluation.
Recent Case Victories
Because Results Matter
-
Dismissed Aggravated Robbery, Assault, Violent Crime
-
Dismissed Assault and Disorderly Conduct (Domestic Violence)
-
Dismissed Assault in the Third Degree (Domestic Violence)
-
Dismissed Attempted Murder, Assault, Menacing with a Deadly Weapon, Distribution of Marijuana
-
Dismissed Careless Driving
-
Dismissed Careless Driving
-
“Danny got me the lowest possible sentence ( no jail time) for a very high BAC with an accident. I never thought I'd get a sentence as light as I got and would fully recommend Danny for anyone needing an attorney”- Adam Siler
-
“Mr. Charlie Fife is not only an Attorney at Law, but an astute anthropologist. He studies and understands human behavior. Mistake(s) are what human beings make and then they need guidance, counsel, and most of all, understanding. Mr. Fife never once made me feel ashamed, uncomfortable or even embarrassed. He is very well-read and worldly which makes him unusually gifted--and very highly skilled, when it comes to working with clients from all cultures, walks of life, and socioeconomic backgrounds. Mr. Fife is eloquent and defends his clients with exquisite insight and savoir-faire. I never expected to have my dignity preserved so beautifully. Wow. I was honored. I cannot recomend Charlie Fife highly enough. He is conscientious and understatedly comforting. His respect for me, his client, is something I am incredibly grateful for.”- Anonymous
-
“Danny Luneau is an exceptional lawyer with a superior grasp of DUI law. He has great communication skills, and he always kept in contact with me in a timely manner throughout my case. This was very important, as the experience had many stressful moments. My case had a motions hearing and eventually went in front of a jury. I was able to observe and evaluate Danny's preparation, knowledge and skill as a litigator. He did an absolutely fantastic job in every aspect of my case. Please call him!”- Anonymous
-
“If you have a problem and need an attorney that knows how to win and will not give up, this is your man. When everything looked to be going for the prosecution, multiple extensions past speedy trial, new witnesses etc., Charlie dug in his heels and won the case! Couldn’t be happier!”- Bill Barnett
-
“Did a great job for me and got me off with probation and community service and one year DL suspension. Have recommended him to others for similar cases. He is experienced and has also been on the receiving end of a charge so can understand and provide solid advice to you and your decision making process.”- Anonymous
-
“Top notch! No one better!”- Mark A. Wolf
-
“After 11 years of addiction and a life long drug related life style I am now 19 months clean and can thank Charlie and everything he has done for that. He fought so hard to get me the treatment I needed on my felony distribution case and a very serious indictment. I would NOT be sitting here typing this if it wasn't for this man! You are a hero and the most amazing counsel I could have ever hired for my cases! THANK YOU FOR MY FREEDOM AND SOBRIETY!”- Anonymous
-
“They were highly recommended and lived up to the hype. They did an excellent job with my case. Couldn't be more pleased with the outcome!!”- Tony Trujillo
-
“I have hired Charlie Fife multiple times over a number of years. He has represented me for DUIs, a misdemeanor, and a felony. I was pleased with the final outcome every time. His attitude, abilities, and results have ensured that he is who I'll be calling should I require counsel in Denver again.”- Anonymous
