Being charged with a DUI can feel overwhelming, especially when chemical test DUI results are involved. In Colorado, these tests are a key part of the evidence used to show that a driver’s blood alcohol concentration (BAC) was over the legal limit. At McAdams Law Office, we understand how stressful and confusing this process can be. You might be wondering what your rights are and whether there’s a way to challenge these results. That’s where we come in—helping you understand your options and building a strong defense to protect your future.
It is a method used by law enforcement to measure the level of alcohol or drugs in a person’s system. These tests are typically used to establish whether a driver’s BAC is over Colorado’s legal limit of 0.08%. Chemical tests are crucial evidence in many DUI cases, but they are not infallible and can sometimes yield inaccurate results.
In Colorado, chemical testing for DUI relies on implied consent laws, which assume that by driving on public roads, you consent to these tests if lawfully arrested for DUI, as explained at DUIFoundation. Knowing the different types of tests and potential issues with each is essential for building a strong defense.
Law enforcement primarily uses three types of chemical tests to detect alcohol or drugs in DUI cases: breath analysis, blood tests, and urine tests. Each has unique procedures, advantages, and potential weaknesses that could be pivotal in questioning the reliability of test results.
Breath tests are among the most common methods used to measure BAC in DUI cases. These tests are administered with a breathalyzer device, which estimates BAC based on alcohol levels in the breath. However, breath tests can sometimes be inaccurate due to factors like improper calibration, certain medical conditions, or residual mouth alcohol. Research from the National Center for Biotechnology Information highlights how breathalyzer results can be affected by these factors, making them potentially unreliable in some cases.
Blood tests are generally viewed as the most accurate way to measure BAC and the presence of drugs. A blood sample is drawn and analyzed in a laboratory, but even these tests can have flaws. Errors may occur if the sample is mishandled, stored improperly, or contaminated. Blood tests require a trained professional to administer them, and any mishandling during collection or processing could compromise the test’s reliability.
Urine tests are less commonly used in DUI cases because they are considered less reliable than blood or breath tests. Although often employed to detect drugs, they may not always accurately reflect BAC. Like blood tests, urine tests are vulnerable to contamination and mishandling, which could impact the credibility of the results.
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In Colorado, drivers are legally required to submit to a chemical test if they’re arrested for DUI due to the state’s implied consent laws. Refusing a chemical or blood test can lead to serious consequences, including an automatic one-year suspension of your driver’s license and the potential for enhanced penalties if convicted, as outlined by The Colorado DMV. Refusal may also be used against you in court, with prosecutors arguing that refusal indicates consciousness of guilt.
Despite the risks, there may be instances where refusing a test is a strategic decision, especially if there’s reason to believe the test could be unreliable or improperly administered. Consulting a knowledgeable DUI attorney is vital for assessing these factors and choosing the best approach.
During a DUI arrest, Colorado law may allow drivers to choose between a breath and blood test. Selecting the appropriate test could influence the outcome of your case.
Choosing between a breath and blood test often depends on the specific circumstances of the arrest. Breath tests are less invasive and produce immediate results, but they are more susceptible to inaccuracies. Blood tests, while generally more reliable, require sample handling and laboratory processing, which opens up the possibility of contamination or sample degradation. Speaking with a DUI attorney can help determine the best option based on your defense needs.
While chemical tests are widely used in DUI cases, they are not without flaws. As mentioned before, some common problems that can undermine the validity of these tests include improper sample handling, equipment malfunctions, unqualified personnel conducting the tests, and medical conditions that may produce inaccurate readings. For example, individuals with diabetes may have elevated acetone levels in their breath, which can cause a false positive on a breathalyzer.
Strict adherence to testing protocols is essential for reliable results. A poorly calibrated breathalyzer or mishandled blood sample could be enough to cast doubt on the test results. Identifying any issues with test administration or sample processing can play a significant role in challenging the evidence against you.
Anyone arrested for DUI in Greeley, Colorado, and concerned about the impact of chemical test results has options. At McAdams Law Office, we specialize in defending clients against DUI charges, including challenging the validity of chemical tests. Our experience can help you navigate the legal process and protect your rights. Contact McAdams Law Office today to schedule a consultation and take the first step toward a robust DUI defense.
| DUI/DWAI Victories | Criminal Defense Wins |
|---|---|
People v. S.M.Two DUIs downgraded to DWAI, |
People v. M.J.Assault and child abuse charges |
People v. S.D.DUI dismissed, pled to |
People v. S.C.Theft charge dropped, |
People v. B.S.Breath test challenged, |
People v. A.E.Drug charges dismissed, |
People v. E.B.No jail, favorable plea despite |
People v. J.K.Burglary plea reduced, |
People v. R.G.One DWAI dismissed, another reduced with minimal work release. |
People v. C.R.Traffic offense reduced, |
William T. McAdams, known as Bill, is a highly experienced criminal defense attorney and former prosecutor. Since establishing McAdams Law Office in 2006, he has represented clients in cases including DUI, domestic violence, and theft, handling over 100 jury trials. Bill serves clients predominantly in Weld and Larimer counties, including Greeley, Evans, Windsor, Loveland, and Fort Collins. An active community volunteer and member of multiple legal associations, he is dedicated to protecting his clients’ rights.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partiner, William McAdams who has more than 25 years of legal experience as a personal injury attorney.