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Denver Criminal Defense Lawyer / Denver Breath Test DUI Lawyer

Denver Breath Test DUI Lawyer

When a driver gets pulled over and asked to take a breath test, they usually agree to it, believing that they are legally required to do so. This is not the case in most situations. Similarly, most drivers assume they have no chance of fighting a DUI triggered by a positive breath test result. This is also not true. Denver breath test DUI lawyer Reid DeChant at DeChant Law is here to explain your rights, and help you take the next step in your legal defense.

Fighting Inaccurate Breath Test Results

Breath testing is not 100 percent accurate. There are plenty of elements that can influence a BAC breath test, creating a false positive result. Potential defenses include:

  • Cough syrup and mouthwash can influence the results
  • Chemicals in your system that resemble ethyl alcohol can also create false positives
  • Having a fever or high body temperature
  • Officer was not properly trained on how to use the device
  • The device was not calibrated
  • The device was defective
  • The device was not properly maintained or handled

Can I Refuse a Breath Test in Colorado?

You may be surprised to learn that, as a driver 21 years old or older, during a traffic stop you do not have to submit to pre-arrest testing. This includes a blood alcohol content breath test or “breathalyzer test.” It is advisable to politely refuse to take any type of field sobriety test as well. You are only legally required to submit to a breath test after you are arrested for drunk driving, which an officer can do if your driving behavior, or your behavior during questioning, leads them to believe that you are intoxicated. If you are arrested, your initial refusal to submit to a breath test cannot be used as evidence against you that you were intoxicated. Any refusal to submit to a breath test after being arrested, however, can be used as evidence against you for a DUI conviction, and the penalties you face will also increase, such as an increased revocation of your driver’s license.

Refusal to Take a Breath Test After Being Arrested

If you refuse to take a breath test, or another type of chemical test such as blood, the prosecutor will use this as evidence of a DUI. Not only will this likely lead to a guilty verdict—though in some rare cases there may be room to argue that you refused because your civil rights were being violated—but the DMV will impose a longer suspension of your driver’s license for a first time DUI conviction. These increased penalties include:

  • Automatic suspension of your driver’s license for one year (increased from 9 months for a first DUI conviction)
  • Labeled as a “persistent drunk driver,”
  • Mandatory installation of an ignition interlock device
  • Required to carry SR-22 insurance

Call a Denver Breath Test DUI Lawyer

There are many false rumors about breathalyzers and DUIs. Denver breath test DUI lawyer Reid DeChant at DeChant Law is here to help clear up fact from fiction, and—more importantly—to help you fight the DUI charges you are facing. Call us today at 720-634-6789 for a free case evaluation.