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.
Attempted Murder, Assault, Menacing with a Deadly Weapon, Distribution of Marijuana
Assault in the Third Degree (Domestic Violence)
- DUI Acquittal
- Careless Driving
- Careless Driving
- Attempted Murder, Assault, Menacing with a Deadly Weapon, Distribution of Marijuana
- Assault in the Third Degree (Domestic Violence)
Will my license be suspended if I am arrested for DUI?When you have been charged with driving under the influence, the DMV will begin the license suspension process. Depending on the circumstances of your arrest, you can face a suspension of up to five years. Challenging a license suspension requires you to request a DMV hearing within seven days of you being pulled over. The results of this trial may be a probationary license that allows you to keep driving or the installation of an interlock ignition device that will allow you to drive only after you have proven your sobriety.
How are DUI and DWAI offenses different?
DUI, or driving under the influence, is usually charges as a misdemeanor that arises when you blood alcohol content is .08% or above. Driving while ability impaired, or DWAI, is an infraction when your BAC is higher than .05 but less than .08. DUI offenses carry more serious charges, including up to a year in jail, $1,000 in fines, and community service. A DWAI conviction will result in up to 180 days in jail, $200 in fines, and up to 48 hours of community service. Our Denver DUI lawyers can challenge the results of breath and blood tests and have a successful record in many cases.
Can’t I just accept the consequences of an arrest and move on?
It can be incredibly stressful to face a first offense but accepting your conviction will not simply allow you to move on. When you have a criminal record, many avenues become barred for you, including some professional licenses, the ability to join the military, and having other rights that are granted to citizens. At Fife Luneau, P.C., our Denver criminal defense attorneys work hard to fight for you and your record.