Deciding whether or not to submit to a breath test is a decision each person needs to make for him or herself. Failure to submit to the test will carry a 12-month license suspension, compared to the three-month suspension a first-time offender will face if convicted.
The rule of thumb among many Denver breath test refusal lawyers is that defendants should refuse unless they are a first-time offender convinced that they will test below .20, the threshold for enhanced penalties.
These marginal offenders are the only ones who could be subjected to harsher penalties for refusing to test than they would be had they been found guilty of DUI.
Whether or not you took a breath test, we will review your case and work to defend you against a drunk driving charge in Colorado or the surrounding area.
Those who test above .20 already face a 12-month suspension, as do those who have a previous DUI conviction. In such cases, a motorist faces no additional penalty for refusing to take the test and refusing will deny the state one of the key pieces of evidence it uses to prove your guilt.
Should you decide to take the test, there are many avenues for an experienced Denver drunk driving defense attorney to challenge the results: The experience and training of the tester, maintenance of the machine, and time elapsed between arrest and testing are just a few of the factors that can be used to challenge BAC results.
Requesting a blood test is another option. Colorado’s expressed consent law permits a motorist to choose between breathalyzer and blood testing. However, blood testing is frequently not available. And the failure of an agency to provide you with the testing method of your choosing (or the lapsed time in providing a blood test) may render the results inadmissible in court.