Driving Under the Influence
DUI breath test blood test
If you are arrested for suspected DUI or DWAI, you should be read Colorado’s Express Consent Law. This means that if an officer has probable cause to arrest you, you must submit to a chemical test. For alcohol DUI breath test blood test are the options. If you don’t choose a test, it would be deemed a refusal. Refusals can result in your licenses being revoked for one year by the DMV; however you may qualify for a restricted license after 60 days.
You also do not have a right to counsel before deciding what to do: blood, breath, or refusal the test altogether. Demanding to talk to a DUI attorney before deciding if you will take a test will be considered a refusal by the cops.
You may have been asked to take a preliminary breath test while you were in the field or with the officer. This test result is not admissible in court and would not count as the required test. You have a right to refuse to take this test and it would not affect your license.
Which is better in a DUI breath test blood tests, before the differences in the tests there are different laws for alcohol DUI / DWAI and Drug DUI/DWAI.
An arrest for suspected alcohol DUI or DWAI in Colorado means that you must submit to either a test of your blood or breath (DUI breath test blood test). This is your choice; the officer cannot make it for you or change your choice, unless there is an emergency. You also cannot change your choice, meaning if you say breath, you must cooperate and take the breath test, you cannot later change your test to blood. This will be deemed a refusal.
Drug DUI or Drug and Alcohol DUI
There are different laws for driving under the influence of drugs or drugs and alcohol. Then you must consent to either a blood, urine, or saliva test. The choice is the officers and not yours. The difference is how the legislatures has written the statutes; it has nothing to do with your rights.
If you chose a blood test, you can expect to receive results several weeks or even months after the arrest date. This could mean that the DMV would take no action on your license until the results are submitted. Blood results are not 100% reliable. There could be issues with the sample itself, the machine used to analyze the blood, or the technician could have acted in a way that would contaminate the sample.
If you submit to a breath test, you will have immediate results. If the result is over a .08, then the DMV will immediately be notified and you would have only 7 days to ask a hearing to challenge any licenses suspension. Breath testing devises, like any machine, can be wrong or broken and there could be defenses available to you. Potential issues with a breath test could be from operator user to a failure in the device itself.
Colorado uses the Intoxilyzer I-9000. This is a relatively new machine currently used in only two states, Colorado and Georgia.
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