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
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Dismissed Aggravated Robbery, Assault, Violent Crime
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Dismissed Assault and Disorderly Conduct (Domestic Violence)
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Dismissed Assault in the Third Degree (Domestic Violence)
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Dismissed Attempted Murder, Assault, Menacing with a Deadly Weapon, Distribution of Marijuana
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Dismissed Careless Driving
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Dismissed Careless Driving
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“Charlie really helped me through a difficult situation. From the very beginning, he was upfront, honest and realistic about my case. Even though he is extremely busy, he was always quick to respond and took the time to provide thorough answers to all of my questions. What I appreciated most was his straightforward approach. He made it clear that if he believed he could win at trial, he would tell me, but that there was always a chance I could lose and that the final decision would always be mine. I ultimately chose to take my case to trial, which was incredibly nerve-wracking. Before trial, we had a motions hearing. Charlie had prepared a motion that was so well-written and supported by the evidence that the prosecutor decided to dismiss the case before Charlie even had to argue it. Seeing the case dismissed based on the strength of his work was a huge relief and a testament to his preparation, knowledge and attention to detail. What also stood out to me is that Charlie genuinely cares about helping people, and it shows. His years of experience are evident in everything he does, from his detailed communication throughout the process to his calm and confident demeanor in court. His emails thoroughly explained every step of the case, what to expect next and the possible outcomes. Whenever I had questions, he was almost always available for a call and took the time to make sure I understood what was happening. Because of Charlie's work, I avoided a DUI conviction, probation, fines, court costs and many of the long-term consequences that would have followed. The court also sealed the case after it was dismissed, allowing me to move forward with my life. I am incredibly grateful to Charlie and his partner Danny for their guidance and support throughout the process. If you're looking for attorneys who are honest, responsive, knowledgeable and truly dedicated to their clients, I highly recommend them.”- Johnny M.
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“This law firm was able to help a friend of mine in a difficult, new, and terrifying situation. They were able to reduce the charges to a reasonable agreement - and had exceptional courtroom delivery. If for any reason someone needs legal counsel in this area, I would wholeheartedly recommend Danny, and the rest of their firm, Fife and Luneau PC.”- Russell Beyer
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“Fife Luneau was a pleasure to do business with. They are very professional and thorough. Start to finish, well worth the money.- Joani Colwell-Shannon
Highly recommend their service!” -
“- Lani Grogan
I cannot recommend Danny and his team enough. From my very first call, he was professional, responsive, and incredibly knowledgeable. Danny and Jennifer took the time to explain every detail clearly, which gave me immense peace of mind during a stressful time. I am more than grateful for their efforts and getting the result we wanted.
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“- Chris
I can’t recommend Danny Luneau highly enough.
From day one, Danny was exactly what I needed: direct, honest, and incredibly knowledgeable. He never told me what I wanted to hear, he told me what I needed to hear. He was upfront about my chances, explained the strengths and weaknesses of my case, and laid out a strategy based on experience instead of false promises.
What stood out the most was that he was always one step ahead. Every time I had a question or concern, he had already thought about it and had a plan. He knew what arguments the prosecution was likely to make, what evidence actually mattered, what was worth fighting, and what wasn’t. Looking back, it felt like he was playing chess while everyone else was playing checkers.
I was also incredibly impressed with his understanding of marijuana DUI law and the science behind THC impairment. He understood the limitations of blood THC levels, the problems with retrograde extrapolation, and why daily users shouldn’t automatically be viewed the same way as occasional users based solely on a number. He was prepared to bring in expert testimony if necessary and challenge the prosecution with science rather than assumptions. It was obvious he has spent years building expertise in this area.
Throughout the entire process, Danny was responsive, professional, and confident. Even when I was stressed out and asking a hundred questions, he always took the time to explain his thinking and why he was approaching the case the way he was.
In the end, my case was completely dismissed and sealed. I genuinely believe that outcome was the result of Danny’s experience, preparation, and strategic approach.
If you’re looking for a lawyer who will be honest with you, fight intelligently, and know exactly how to navigate the system, Danny Luneau is worth every penny. I couldn’t be more grateful for everything he and his team did for me and my family.
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“- Daniel Justice
In a tough spot you need the best around the Denver metro area. You can count on the Law office of Fife Luneau. Holding the government accountable when you matter most.
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“- David Tillotson
Charlie is a highly reputable class A pro. I have had the pleasure of being his client and definitely recommend him and his team.
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“Danny Luneau is a good man and an amazing attorney. I was facing a misdemeanor charge and had lost my job for a mistake I made. Danny was able to have the charges dismissed and now I can focus on getting my life better. Thank you Danny! This is the second time I have come to Danny for legal defense help and there is no one else I would go to if I were ever is need. I recommend you 10,000%, he does an outstanding job. I am truly grateful!”- Dan Miller
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“The DUI process is a scary one and can be very overwhelming at time. I would 1005 suggest getting in touch with Fife and Luneau attorneys to help. I got a DUI at the end of 2025 and work with Danny Luneau who was very helpful and pointed me in the right direction to help me get start and look better Infront of the Judge by setting me up with things that would be order by the courts and probation. By getting these things started early I will be able to get off probation early. He was also able to KEEP ME OUT OF JAIL which was one if the biggest priority's as my BAC was very very high. SO if you need help with a DUI look no farther the lawyers at Fife Luneau are exactly what you need to help with this hard point in your life!”- David Recob
