If you have been charged with a DUI in Colorado Springs, there is little doubt that you have been subjected to a chemical test such as a DUI breath and blood test. 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.
When you are pulled over 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 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 Colorado DMV hearing and during your court case as an attempt to prove that you were driving while intoxicated.
The good news is that these tests 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. A good Colorado Springs DUI defense attorney will know how to review the DUI testing procedures 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:
- Timing of the test
- Qualifications of the test administrator
- Equipment used
- Procedures followed
- Incorrect skin preparation
- Testing chemicals mixed incorrectly
- Improper storage of the results
If you refuse to take a breath or blood test your license may be revoked for up to one year. Refusal 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 then contact a skilled Colorado Springs DUI defense attorney who can begin working on your case.
It is important to know that just because the chemical testing may show that your BAC levels are above the legal limit, it does not mean an automatic DUI conviction for you.
The Law Office of James Newby is a Colorado Springs firm with much experience fighting DUI cases. We 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. If you have been charged with DUI, give our office a call today.