Can I Refuse a Blood Test But Agree to a Breath Test?

If you are stopped on suspicion of intoxicated driving in Denver or elsewhere in Colorado, the law enforcement officer who stops you will likely require you to submit to a test to determine your blood alcohol concentration (BAC). There are different types of samples that a law enforcement officer can take, including a blood, breath, urine, or saliva sample according to Colorado law. While data suggests that blood tests tend to provide a more reliable BAC than other types of chemical tests, the prospect of having to submit to a blood test can produce a significant amount of anxiety. As such, you might be wondering if you can refuse a blood test but submit to another type of sobriety test instead, such as a breath test.

In short, Colorado’s implied consent law requires motorists to submit to a chemical test after you have been arrested for a DUI or DWAI. However, you may be able to elect the type of chemical test you take, depending on the circumstances. Our Denver DUI defense attorneys can explain in more detail.

Understanding Colorado’s Express Consent Law 

Colorado, like other states, has an express consent law. What this means is that, by driving in Colorado, you already have given your express consent to have your BAC tested in the event of a lawful arrest for intoxicated driving.

Colorado law specifically states: “A person who drives a motor vehicle upon the streets and highways and elsewhere throughout this state shall be required to take and complete, and to cooperate in the taking and completing of, any test or tests of the person’s breath or blood for the purpose of determining the alcoholic content of the person’s blood or breath when so requested and directed by a law enforcement officer having probable cause to believe that the person was driving a motor vehicle in violation of the prohibitions against DUI, DUI per se, DWAI, or UDD.”

Most Drivers Arrested for Intoxicated Driving Have the Option of a Blood or Breath Test

 While you have given express consent to a BAC test, you should know that Colorado law does allow you, in most circumstances, to choose a breath test instead of a blood test. There are some exceptions — such as when you are suspected of intoxicated driving in a vehicular assault or vehicular homicide case or if you are being taken to the hospital to be medically cleared — but in general, you should be able to elect a breath test instead of a blood test.

A person generally will have the choice between submitted to a blood or breath test in Colorado: “If the person requests that a specimen of his or her blood not be drawn, then a specimen of the person’s breath shall be obtained and tested.” However, it is important to know that, in general, once you have elected either a blood test or a breath test, Colorado law says that you “shall not be permitted to change the election.” In other words, you cannot change your mind.

Benefits of a Blood Test Instead of a Breath Test

 Why does it matter if you take a blood test or a breath test? Certain anxieties can arise with blood testing as opposed to breath testing, but when you know you have been erroneously accused of intoxicated driving, a blood test can be beneficial because it may be more accurate than a breath test.

Contact a Denver DUI Defense Lawyer 

If you are facing DUI or DWAI charges in relation to a blood test or breath test, the experienced Denver DUI defense lawyers at DeChant Law can begin working with you on your defense today.

Source:

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