Do I have to give a breath sample?

On Behalf of | Dec 29, 2017 | Firm News |

Police in Colorado utilize chemical and other tests in order to determine if people are driving while impaired. If the police ever pull you over for suspected impairment, you may feel that you have to submit to such testing. The simple truth is, you do not have to supply a breath sample if you do not want to.

Taking breath samples to determine impairment is something law enforcement officers have done for years. The court believes this to be an accurate way to determine if a person is driving under the influence of alcohol. Why believed accurate, it is not 100 percent. False positives are possible and can lead to unnecessary arrests and convictions.

Implied consent says you must comply

When you apply for a driver’s license, you do agree to abide by implied consent laws. This means that, if pulled over for suspected impairment, you agree to work with officers. If this is true, how can it be possible to refuse?

Implied consent laws do not take away your right to say no. They do, however, mean that there are consequences for refusing. If you outright refuse to comply, officers may arrest you, and you may lose your driving privileges. A judge determines the suspension or revocation of your license at an administrative hearing rather than a criminal one.

Why consider refusing?

You may be wondering, why consider refusing? Would it not be better to just comply? Maybe, maybe not. As previously stated, false positives happen. Trying to fight the results of a breath test in court can be a real challenge. Whether your refuse or comply is really a personal preference.

I complied, now what?

If you complied and the tests did not run in your favor, it is okay. That does not mean a DUI conviction is a guaranteed thing. Successfully challenging tests results is still possible. Your legal counsel can:

  • Question testing procedures
  • Request machine maintenance logs
  • Request to suppress test results

If test result suppression happens or if there was a problem with the machine or testing procedure, a judge may dismiss the DUI charge.

Fight to protect yourself

If charged with DUI, whether you gave a breath sample or refused, you can fight to protect yourself and your rights. With legal assistance, you can take the steps necessary to seek the best outcome possible.


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