How to Challenge Colorado DUI Blood Tests

Anyone who is stopped in Denver or Brighton on suspicion of drunk driving can be required to submit to a test to determine their blood alcohol concentration (BAC), including a blood test. To be sure, under Colorado law, when you drive on the road, you give what is known as implied consent or express consent to BAC testing. Typically, a person will be asked whether they elect to take a breath test with a breathalyzer or a blood test to determine their BAC, and they must stick with their selection. Refusing a test can result in serious penalties under Colorado law, including a one-year revocation of your driver’s license if it is a first refusal, and a lengthier revocation for subsequent refusals. In addition, refusing a test to determine BAC can also be used against you if criminal charges are brought against you.

If you do submit to a test as required and elect to have a blood test, how can you challenge the results of the blood test if they show you are over the legal limit? Our Denver and Brighton DUI defense lawyer can provide you with more information.

Understanding Blood Test Results and BAC Laws in Colorado 

In order to have a clearer understanding of possible defenses or ways of challenging blood test results following a DUI-related stop, it is important to know how blood test results work and what an unlawful BAC is under Colorado law. In general, there are four separate legal limits that can result in criminal charges in Colorado:

• BAC of 0.05 percent but less than 0.08 percent: You can face charges for driving while ability impaired (DWAI), which is a lesser offense in comparison with a DUI but can still result in a criminal conviction and even jail time;
• BAC of 0.08 percent or higher: You can face charges for driving under the influence (DUI), which can be a misdemeanor or felony offense with significant penalties;
• BAC of 0.04 percent or higher: If you are a commercial driver, you can face criminal charges; and
• BAC of 0.02 percent or higher: If you are under the age of 21, you can face criminal charges.

Common Defenses to Challenge Blood Test Results 

If your blood test results in criminal charges, you may be able to consider one of the following common defense strategies, or another defense strategy based on the particular facts of your case. Consider the following frequent ways of challenging blood test results in DWAI and DUI cases:

• Improperly administered blood test;
• Blood test contaminated;
• Blood test sample mixed up with another person’s blood test sample;
• You were not administered the blood test within 2 hours of being stopped; and/or
• Fourth Amendment violation, meaning that there was no probable cause to administer a BAC test.

Contact Our Denver DUI and DWAI Blood Testing Defense Lawyer 

Any motorist who submitted to a blood test in a traffic stop, had a BAC over the legal limit, and is now facing DWAI or DUI charges should get in touch with our experienced Denver DUI blood testing defense attorney at DeChant Law to seek advice about your options for challenging the blood test results. We have years of experience defending clients around Denver and Brighton, and we can speak with you today about your case and how to build the strongest defense.

Source:

law.justia.com/codes/colorado/2021/title-42/article-4/part-13/section-42-4-1301-1/