Colorado DUI Breathalyzer Test | Weld County DUI / DUID Lawyer

In Weld County, Colorado, when you're pulled over on suspicion of DUI - Drunk Driving or Driving Under the Influence, or DUID, law enforcement will provide three options to test your Blood Alcohol Content level. You can either: take a breath test, a blood test, or you can refuse (refusal). Officers have grounds to charge you for a DUI or DWAI when your BAC is at, or above, 0.05% (DWAI), or 0.08% (DUI). However, breathalyzer tests are known to have flaws, and an experienced DUI lawyer, will know how to use these flaws to your benefit.

Preliminary Breath Tests in Greeley - PBT

When you're pulled over in Greeley for suspicion of drunk driving, police officers will ask if you want to participate in a preliminary breath test, known as a PBT. Unless you're under 21, you do not have to take this test. Additionally, the officer will ask you a handful of questions that you do not legally have to answer. All you legally must provide them with is your: license, car registration, and name. If they ask if you've been drinking, or where you're driving from, or anything else, you are not obligated to answer. The officer then might ask you to take a PBT - preliminary breath test. You do not have to take this test. You are legally allowed to decline it.

However, under some circumstances you might want to take the test. If you're 21 or older, and you blow a BAC of 0.05% or less, it is likely the officer will let you go.

But unless you're sure that you will blow a BAC that low, we recommend that you politely decline the test all together and take the chance of MAYBE being arrested on other evidence.

Colorado's Express Consent Law in Longmont and Erie

In Longmont and Erie, when you receive your driver's license, you have agreed to Colorado's Express Consent law. This law basically states that if you're arrested on suspicion of Drinking Under the Influence (drugs, alcohol, marijuana), Drinking While Ability Impaired, or Underage Drinking and Driving, you have given your express consent to take a chemical test to check your BAC. Colorado offers a blood test and a breathalyzer test.

Can You Refuse an Express Consent / Refusal of Breathalyzer Test in Dacono and Evans?

In Greeley, Dacono and Evans, Colorado, you are allowed to refuse an Express Consent DUI test; however it does come with steep consequences. Whether you are intoxicated or completely sober, if you refuse this DUI test, you face:

• An automatic revocation / suspension of your Colorado Driver's License for a year
• Required attendance at a mandatory alcohol and drug program for education and treatment
• Having an ignition interlock device on your car for at least 1 year once you're allowed to drive again
• Needing SR-22 insurance
• Your refusal can be used as evidence of guilt in court

If you're confident that your BAC is lower than 0.05%, then by all means, take the DUI test. But typically, these cases all differ and it is tough for us to provide a general rule of thumb for all situations. What we can say, is that if you do refuse, our lawyers will examine the facts of your case and advise you whether a DMV hearing might benefit the reinstatement of your license.  Please contact our office if you've been arrested and charged in a DUI / DWAI case.