Are you facing a DUI charge in Colorado Springs based on breath test or blood test results? Our DUI defense lawyers want to help you challenge these results and defend your rights. Breath tests and blood tests are not always perfect. Sometimes, they can give inaccurate readings or be administered incorrectly.
Our Colorado Springs DUI defense attorneys are ready to examine every detail of your case, from how the officer conducted a breath test to how a lab processed your blood sample. We can argue in court on your behalf and challenge any flaws in the testing process. That could make the difference between a conviction and a more favorable outcome.
Contact us now for a free consultation with a DUI defense lawyer at Peakstone Law Group, formerly known as Patterson Weaver. The case review is entirely confidential.
What Is a DUI Breathalyzer Test?
A breathalyzer test is designed to measure the amount of alcohol on your breath to estimate your blood alcohol concentration or blood alcohol content (BAC). In Colorado Springs, law enforcement officers use breathalyzer tests during traffic stops when they suspect drunk driving. Breathalyzer tests are quick and non-invasive, so they’re a common tool for DUI checks.
Here’s how a breathalyzer test works: You blow into the breathalyzer device, and it analyzes your breath for alcohol content. The breathalyzer then gives a reading that shows your BAC level. If this reading is 0.08 percent or higher, you are over the legal limit in Colorado.
In some cases, refusing a breathalyzer test when an officer requests it can have legal consequences under Colorado’s implied consent law. Colorado’s implied consent law says that by driving in the state, you automatically agree to take a BAC test if the police reasonably suspect you are under the influence.
Colorado DUI Blood Testing Procedures
Blood testing is another procedure Colorado law enforcement can use to measure alcohol or drug levels in your blood. If a police officer suspects you were driving under the influence, they might ask you to undergo a blood test.
Here’s what happens in a DUI blood test: A trained professional, often at a medical facility, draws a sample of your blood. Then, they promptly send this sample to a lab for analysis. The lab checks for the presence and amount of alcohol or drugs in your blood.
A blood test is more invasive than a breathalyzer test, but it also can be more accurate. If a blood test indicates you have alcohol in your system above the legal limit, you could face DUI charges.
Choosing a Breath Test or Blood Test
If you get pulled over in Colorado Springs on suspicion of driving under the influence, the officer will likely allow you to choose between taking a blood test or a breath test. Each type has advantages and disadvantages.
A breath test is quick and non-invasive. However, it’s generally less accurate than a blood test and can sometimes give false readings due to factors like diet or medical conditions.
On the other hand, a blood test is often more accurate. It directly measures the alcohol or drugs in your bloodstream. However, this type of test is invasive since it involves drawing your blood. It also takes longer to get results from a blood test since a lab will need to analyze the sample.
No matter which test you choose, our knowledgeable DUI defense lawyers can help if you get charged with DUI in Colorado Springs. We can challenge the test’s accuracy or the method of administration. We can also identify and present other relevant evidence for your case, such as witness testimony or medical records.
Can I Refuse a Breath Test or Blood Test?
Yes, you can refuse a breath test or blood test if law enforcement suspects you of DUI, but it’s essential to understand the blood test refusal consequences. Refusing these tests goes against Colorado’s implied consent law. The law says that by driving in Colorado, you’ve already agreed to take these tests upon request by police officers.
Refusing a test can lead to immediate penalties. Your driver’s license could get suspended, and you might face fines. Also, the fact that you refused the test could be used against you in court.
Even if you refuse the test, our lawyers can still defend you. We can argue against the suspension of your license and challenge the DUI arrest in court. Remember, having a skilled lawyer can make a big difference in how your case is handled and its outcome.
Can I Fight My Blood Test or Breath Test Results?
Yes, you can fight your breath test or blood test results in a DUI case. These tests are not foolproof, and there are several potential legal strategies that could be used in your defense.
The best way to fight against a breath test or blood test result in a DUI case is to work with our knowledgeable drunk driving defense attorneys. We can examine every aspect of the test and find ways to challenge its credibility. Just because a blood or breath test shows a high alcohol level doesn’t mean the court will automatically find you guilty.
Can Lawyers Dispute Breathalyzer Test Results in Colorado Springs?
Yes. If you’re facing a DUI charge in Colorado Springs, your lawyer can use a range of strategies to dispute breath or blood test results. Depending on the circumstances, we could challenge a chemical test by:
- Requesting Calibration and Maintenance Records – Your lawyer might demand records to verify whether the breathalyzer devices were calibrated properly and question the accuracy of the tests.
- Challenging the Officer’s Training and Procedure Compliance – We might argue that the officer lacked proper training or did not follow standard test procedures, thus invalidating the results.
- Presenting Medical or Dietary Evidence – Our attorneys could introduce evidence of medical conditions or specific diets that could interfere with the reliability of test results and provide a false positive.
- Highlighting Environmental Interference – We could argue that external factors, such as environmental factors, might have compromised a breathalyzer’s accuracy.
- Scrutinizing Lab Analysis Procedures – For blood tests, your lawyer could question the lab’s methodology, handling, or analysis of your blood sample, seeking errors or procedural lapses.
- Examining the Chain of Custody Integrity – We could also focus on potential breaches in the chain of custody of your blood sample, which might suggest tampering or mishandling.
Get Help from Our Colorado Springs DUI Defense Attorneys
Are you dealing with the stress and uncertainty of a DUI charge in Colorado Springs? Don’t face it alone. Contact Peakstone Law Group for a free consultation. Our team is ready to listen to your story, assess your situation, and provide you with guidance on how to uphold your constitutional rights.