In Weld County, if you are pulled over and suspected of Driving Under the Influence (DUI) then you might be asked to take a blood alcohol level Breathalyzer or Blood Test. The test result can cause a DUI charge. Below, our top Weld County DUI attorneys will discuss both DUI Breathalyzer and Blood Tests, and why you should hire an experienced DUI attorney if you are facing a DUI charge. If you are facing a DUI Charge in Fort Collins or Larimer County, get help here.
What is a Preliminary Breath Test in a Greeley, Colorado, Driving Under the Influence Case?
When a Greeley Police Officer pulls you over for a suspected Driving Under the Influence, you may be asked to answer several questions and take a Preliminary Breath Test. This test happens before you are arrested for a DWAI or DUI. You can legally refuse to take this PBT test, and should. Always be polite to Greeley police and decline to answer any questions or take any roadside tests. You are only required to give the officer your name, driver’s license, proof of insurance and car registration. Roadside tests for drinking and driving occur before you are arrested and are designed to help an officer justify your arrest with more probable cause. There are no penalties for declining these tests. If you limit what information the police have about your sobriety, they may not have enough information or probable cause to arrest you. It is never a good idea to let them examine you, where you’ve been or how you physically function. All of these are designed to hurt you.
What is a Driver’s “Express Consent” in Northern Colorado?
In Colorado, if you are driving on public roads, then you have given “Express Consent” to submit to a chemical test if you are arrested for DUI, DWAI, or UDD. The two types of chemical tests you get to choose from are either a breath test or blood test. It is important to note that these chemical tests are known to have flaws and it is important to have a skilled criminal defense attorney to fight for you and your rights following a high BAC result.
Penalties for Refusing to Take a Driving Under the Influence of Alcohol Breath or Blood Test in Weld County
When you refuse to take a Driving Under the Influence of Alcohol Breath or Blood test in Weld County, then you face multiple penalties. First, your driver’s license will be suspended for a year, you will be designated as a Persistent Drunk Driver (even this is your first DUI), alcohol and drug education or treatment programs will be required, an ignition interlock device will be on your vehicle for at least one year after you get your license back and you will be required to carry SR-22 insurance. If your case goes to trial, then the refusal to take a DUI Breath or Blood Test may be presumed to be an admission of guilt.
Why Hire a Leading Windsor and Greeley DUI Attorney?
It is hard to know whether you should take a DUI Blood or Breath test if you are arrested for a suspected DUI charge. We are finding more advantages of taking the Blood test under the current system. But it is your choice. Regardless, if you are facing a DWAI, DUI, or UDD charge in Windsor or Weld County you should have an experienced attorney. The lawyers at the O’Malley Law Office have over 30 years of experienced in DUI cases. Share the facts about your case with us, and learn how to get the best outcome in your case.