Do I have to give a breath sample?
Police in Colorado utilize chemical and other tests in order to determine if people are driving while impaired. If the police ever pull you over for suspected impairment, you may feel that you have to submit to such testing. The simple truth is, you do not have to supply a breath sample if you do not want to.
Taking breath samples to determine impairment is something law enforcement officers have done for years. The court believes this to be an accurate way to determine if a person is driving under the influence of alcohol. Why believed accurate, it is not 100 percent. False positives are possible and can lead to unnecessary arrests and convictions.
Implied consent says you must comply
When you apply for a driver’s license, you do agree to abide by implied consent laws. This means that, if pulled over for suspected impairment, you agree to work with officers. If this is true, how can it be possible to refuse?
Implied consent laws do not take away your right to say no. They do, however, mean that there are consequences for refusing. If you outright refuse to comply, officers may arrest you, and you may lose your driving privileges. A judge determines the suspension or revocation of your license at an administrative hearing rather than a criminal one.
Why consider refusing?
You may be wondering, why consider refusing? Would it not be better to just comply? Maybe, maybe not. As previously stated, false positives happen. Trying to fight the results of a breath test in court can be a real challenge. Whether your refuse or comply is really a personal preference.
I complied, now what?
If you complied and the tests did not run in your favor, it is okay. That does not mean a DUI conviction is a guaranteed thing. Successfully challenging tests results is still possible. Your legal counsel can:
- Question testing procedures
- Request machine maintenance logs
- Request to suppress test results
If test result suppression happens or if there was a problem with the machine or testing procedure, a judge may dismiss the DUI charge.
Fight to protect yourself
If charged with DUI, whether you gave a breath sample or refused, you can fight to protect yourself and your rights. With legal assistance, you can take the steps necessary to seek the best outcome possible.
Search for:
Recent Posts
- Motivations behind false domestic violence claims
- Can DUI charges follow you out of state?
- How to protect your mental health if accused of a crime
- Driving and drugs: What you need to know
- Can you get fired for off-duty marijuana use?
Archives
ArchivesSelect Month May 2022 (3) April 2022 (3) March 2022 (3) February 2022 (3) January 2022 (3) December 2021 (4) November 2021 (2) October 2021 (4) September 2021 (3) August 2021 (3) July 2021 (4) June 2021 (6) May 2021 (1) April 2021 (3) March 2021 (4) February 2021 (3) January 2021 (3) December 2020 (3) November 2020 (3) October 2020 (2) September 2020 (4) August 2020 (3) July 2020 (4) June 2020 (2) May 2020 (3) April 2020 (3) March 2020 (5) February 2020 (3) January 2020 (4) December 2019 (4) November 2019 (2) October 2019 (5) September 2019 (1) August 2019 (3) July 2019 (3) June 2019 (4) May 2019 (7) April 2019 (7) March 2019 (7) February 2019 (5) January 2019 (8) December 2018 (6) November 2018 (6) October 2018 (7) September 2018 (6) August 2018 (7) July 2018 (7) June 2018 (7) May 2018 (6) April 2018 (7) March 2018 (5) February 2018 (1) January 2018 (2) December 2017 (1) November 2017 (2) October 2017 (1) September 2017 (2) July 2017 (3) May 2017 (3) April 2017 (1) March 2017 (1) February 2017 (2) January 2017 (1) December 2016 (2) November 2016 (3) August 2016 (3) July 2016 (4) June 2016 (5) May 2016 (4) April 2016 (5) March 2016 (4) February 2016 (4) January 2016 (4) December 2015 (4) November 2015 (5) October 2015 (4) September 2015 (5) August 2015 (4) July 2015 (4) June 2015 (5) May 2015 (4) April 2015 (5) March 2015 (4) February 2015 (4) January 2015 (4) December 2014 (5) November 2014 (5) October 2014 (4) September 2014 (5) August 2014 (3) July 2014 (5) June 2014 (4) May 2014 (4) April 2014 (5) March 2014 (4) February 2014 (4) January 2014 (5) December 2013 (4) November 2013 (5) October 2013 (3) September 2013 (4) August 2013 (4) July 2013 (5) June 2013 (4) May 2013 (4) April 2013 (5) March 2013 (4) February 2013 (4) January 2013 (5) December 2012 (5) November 2012 (2)
