DUI Breath And Blood Tests

When law enforcement officials have reasonable cause to suspect drivers of DUI, they can request that the accused take a breathalyzer test or submit to a blood test in order to assess the blood alcohol content (BAC) of the accused (a measured BAC of .08 will result in DUI charges, according to Colorado law).

In these circumstances, whether or not to choose a breath test versus a blood test — or whether to refuse testing altogether — may not be clear to the accused, and making the right choices in these delicate situations will be a critical part of their defense (or the prosecutor's arguments). At FleschLaw we advise our clients regarding the best possible choices in these circumstances (as the best choice can vary from case to case), and also:

  • Review the facts of the case to assess whether these tests were properly administered (and whether there was even reasonable cause to pull the accused over in the first place)
  • Challenge the results of either test if questionable circumstance are involved
  • Build the strongest possible defense cases for our clients in an effort to resolve these matters as beneficially as possible

Breathalyzer Versus Blood Tests, Consequences Of Refusing Testing

When choosing between a breath and blood test upon being pulled over for a DUI, in general, it is better for individuals to choose the breathalyzer, as these tests are typically less accurate than blood tests, and they often produce different results upon retesting. Additionally, roadside breath tests with hand-held breathalyzers are not admissible in court, as they are considered to be preliminary breath tests; only the results from table-top breathalyzer machines at police stations will be allowed for presentation in court. Should you refuse to take either the breath or blood test:

  • The DMV will likely suspend your driver's license for up to one year (or possibly longer if you have multiple DUIs).
  • The prosecutor can use your refusal as an argument toward trying to prove guilt, implying that you had something to hide — like being under the influence of alcohol or drugs.

Regardless of the choices you make after being pulled over for a DUI, it's vital that you retain our trusted Denver DUI attorneys in order to achieve the best possible outcome to your case. For a FREE, no-obligations evaluation of your case, contact us today by emailing us or calling 720-689-0322.

“ Fleschlaw rocks!!! ”

I had a DUI that I thought was bogus. I got Kevin and his staff on it right away. I never lost my license and he got the case dismissed at the motions hearing. Kevin told me what he thought would happen and he delivered. – John

“ Fleschlaw really helped me ”

I had two driving under suspension tickets pending. I thought for sure I was going to Jail. Kevin was able to help me understand the DMV process, get my driving privilege back and resolve the two tickets so I didn't go to Jail and I can drive again. Amazing... – Juan

“ Kevin can try a case!!!”

Kevin handled my criminal case. The DA would not make me any offers and so we went to trial. The trial took all day but Kevin made their star witness look incredible and a liar. The jury came back fast - not guilty. Kevin was great in trial!!! - Larry

“ Delighted!!! ”

I was very, very happy with the service I received from Kevin and delighted with the results. I certainly recommend Kevin to anyone that will need his type of service. I was looking at the possibility of losing my license and not only did I keep my license, but I still have points to spare! Delighted!!! - Marc

“ Fantastic Results ”

I got charged with a DUI and I didn't think the police officer should have contacted me to begin with. I knew I needed a lawyer to make the arguments for me. I interviewed several lawyers and felt comfortable with Kevin. He had to file motions and then have a hearing on the issue. His arguments were right on and the Judge granted my requests. The case was dismissed. – Wanda

“ Fleschlaw is the real deal ”

I was on probation for a DUI and I got another one. I freaked out and called Kevin. He calmed me down and worked for over 9 months and finally got my new case reduced to a reckless driving. I hate court but Kevin and his staff really worked hard and never gave up. In the end, Fleschlaw exceeded my expectations. – Derick

“ Real Lawyer that Fights for You ”

I looked around for a lawyer for a awhile. I met with Kevin and explained my case. We went to court and he got the case dismissed. He is the best. - Jimmy

“ Very good lawyer very good results ”

I was charged with DUI. I thought my life was over. Kevin met with me and really wanted to know what happened. After hearing how I was arrested, he thought the officer should not have contacted me. He was able to get my case dismissed. – Ron

“ Great Attorney ”

He was very helpful in my criminal case. He helped me stay out of jail. He is very friendly and I liked the people in his office. – Criminal Defense Client