Denver Breath Test DUI Lawyer

When a driver gets pulled over and asked to take a breath test, they usually agree to it, believing that they are legally required to do so. Similarly, most drivers assume they have no chance of fighting a DUI triggered by a positive breath test result. This is also not true. Denver breath test DUI lawyer Reid DeChant at DeChant Law is here to explain your rights, and help you take the next step in your legal defense.  Everyone makes mistakes. Don’t let your mistake define you, call DeChant Law today.

Fighting Breath Test Results

Breath testing is not 100 percent accurate. There are plenty of elements that can influence a breath test result, creating a false positive result. Potential defenses include:

• Cough syrup and mouthwash can influence the results (residual mouth alcohol)
• Having a fever or high body temperature
• Officer was not properly trained on how to use the device
• The device was not calibrated
• The device was defective
• The device was not properly maintained or handled

Colorado currently utilizes the Intoxilyzer 9000 in impaired driving cases. DeChant Law is trained on how the I-9000 operates and knows what to look for to develop ways to attack the breath result.

What is a “PBT?”

A PBT is a preliminary breath test, sometimes referred to as a portable breath test, device that an officer may ask you to submit to roadside. These devices are allowed to be used to help the officer make an arrest decision. However, the results of a PBT will not be used against you at trial, as Court’s have found them to be inaccurate. If you submit to a PBT but refusal the chemical test on the I-9000 or a blood test, you will still be deemed to have refused chemical testing.

Can I Refuse a Breath Test in Colorado?

If you are arrested, your initial refusal to submit to a PBT cannot be used as evidence against you that you were intoxicated. Any refusal to submit to a breath test on the I-9000, however, can be used as evidence against you for a DUI conviction.

Refusal to Take a Breath Test After Being Arrested

If you refuse to take a breath test, or another type of chemical test such as blood, the prosecutor will use this as evidence of a DUI. Not only will this likely lead to a guilty verdict—though in some rare cases there may be room to argue that you refused because your civil rights were being violated—but the DMV will impose a longer suspension of your driver’s license for a first time DUI conviction. These increased penalties include:

• Increased suspension of your driver’s license for one year (increased from 9 months for a first DUI conviction)
• Labeled as a “persistent drunk driver”
• Mandatory installation of an ignition interlock device for two years
• Required to carry SR-22 insurance for three years

Call a Denver Breath Test DUI Lawyer

There are many rumors about breathalyzers and DUIs. Denver breath test DUI lawyer Reid DeChant at DeChant Law is here to help clear up fact from fiction, and—more importantly—to help you fight the DUI charges you are facing. For us this is every day but we understand for you, this may be the first time. We are here to help walk you through the process, together.  Call us today at 303-409-7500 for a free case evaluation.