Alcohol Breath and Blood Tests
This article explains exactly what you need to know about the Colorado alcohol breath and blood test if you have been charged with DUI.
What is the DUI Alcohol Breath and Blood Test Process in Colorado?
If you have been charged with a DUI in Colorado Springs, there is little doubt that you have been subjected to an alcohol test such as the Evidential Breath Alcohol Test (EBAT). These tests are used to validate the amount of alcohol that is in your bloodstream and it is these results that are the most important piece of evidence in a DUI conviction.
If you are pulled over in Colorado for suspicion of DUI, the first thing the officer may ask you to do is to take a preliminary breath test. This uses a handheld device to test the alcohol in your system. However, the results are not accurate enough to hold up as evidence in court.
If alcohol is detected by the preliminary breath test, you will be subjected to a blood test which will give a more accurate and reliable reading of your blood alcohol content (BAC). The results of the blood test will be used at your hearing and during your court case as an attempt to prove that you were driving while intoxicated.
The good news is that the Colorado alcohol breath and blood testing process can be challenged. There are many testing procedures that law enforcement officials must follow during their test administration, and if anything is amiss the evidence can be thrown out altogether.
Good DUI Attorneys Know How to Fight the Tests
The best DUI attorneys in Colorado Springs all know how to review the Colorado alcohol breath and chemical testing process and results and can see if there is any way that the results can be invalidated.
Some of the following are reasons that your test results may be invalidated:
- The timing of the alcohol breath and blood test
- Qualifications of the test administrator
- Equipment used
- Procedures followed
- Incorrect skin preparation
- Testing chemicals mixed incorrectly
- Improper storage of the results
Don’t Refuse the Breath or Blood Test
If you refuse to take a Colorado alcohol breath and blood test your license may be revoked for up to one year. Refusal of a breath or blood test is not advised because it makes it appear that you are guilty and can make for a harder defense.
The best course of action to take is to submit to the testing and when the dust has cleared contact a local DUI attorney to begin working on your case.
It is important to know that just because the breath or blood testing may show that your BAC levels are above the legal limit, it does not mean an automatic DUI conviction for you.
Speak with an Experienced, Local DUI Attorney
The Colorado Springs criminal defense lawyers at James Newby Law have an excellent track record of beating alcohol breath and blood test results. They are an experienced team of DUI attorneys in Colorado Springs that will work diligently to see if there is any way that the evidence in your case is inadmissible, or try to reduce any sentence you may receive.
Visit our DUI Defense Blog for answers to dozens of common DUI questions.
Criminal Laws of Colorado > Colorado Revised Statutes 2016 Title 18 Criminal Code