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Can you refuse to submit to a breath test in Colorado?

One thing no resident of Colorado wants to see while on the road is the flash of red and blue police lights in their rear view mirror. The seriousness of the situation is only ratcheted up when an individual is accused of driving under the influence. In these situations, police in Colorado may ask a driver to submit to a breath test to determine the driver's blood alcohol content. However, it is possible to decline to take a blood alcohol test?

Colorado testing roadside drug detection device

Impaired driving in Colorado includes not only drunk driving, but also driving under the influence of drugs. Coloradans may be familiar with breath tests and other blood-alcohol tests as a means of determining whether a driver is driving under the influence of alcohol. But a recent program aims to provide police in the state with a device that can help them detect whether an individual is driving under the influence of drugs.

Can Breathalyzer calibration be a defense to DWI charges?

Most Colorado residents are probably aware that if they consume enough alcohol that they are over the legal blood-alcohol driving limit, they could face serious penalties if they choose to drive. However, what if the driver what not over the limit? To establish that a driver was over the legal limit, police officers conduct a blood alcohol test. These tests are used to prove a legal presumption of intoxication, but if they are not conducted properly, a driver might be able to suppress this evidence against them.

Charges dismissed against woman with sky-high BAC level

For many Coloradoans, the term "creativity" conjures up images of art and music. But those are hardly the only fields that can benefit from thinking outside the box. Take, for example, an interesting legal defense that resulted in charges being dismissed against a woman who had a BAC level that would leave most people incapacitated at best, dead at worst.

Expect higher insurance rates after flunking a blood alcohol test

The difference between passing and failing a breathalyzer can be literally life-changing. And yet breathalyzers are an inexact science prone to error based on an array of factors. That inexactitude and the results that can follow is just one of the many reasons why Coloradoans may benefit from vigorously defending themselves against a DWI charge.

Colorado police must follow the law when taking a blood draw

The last two posts in this blog discussed how officers in Colorado Springs may or may not collect blood for later use in a DWI case. The evidence that police obtain from a blood sample is critical to the prosecution of a drunk driving charge, for it can provide objective evidence as to whether a suspect's blood alcohol content was over the legal limit. Likewise, a blood test can sometimes prove whether or not a person was under the influence of illegal drugs.

Additional information on hospital blood draws

Last week's post made an important distinction with respect to blood alcohol tests that happen at a Colorado Springs hospital but that wind up being used as evidence in a Colorado DUI case. The key distinction is that prosecutors can subpoena blood draws after the fact when those bloods draws were done without police involvement.

Are Miranda warnings important in DWI cases?

Many Colorado Springs residents are well aware of the Miranda warnings that law enforcement officers must read to those they arrest under most circumstances. However, the familiarity that Coloradans have with the Miranda warning may lead to a false impression that police must read this warning to anyone with whom they interact.

Defending against a faulty breath test

Last week's post discussed how breath test results can often turn out to be wrong. For example, a Breathalyzer machine might not be functioning properly or just may have not been calibrated correctly at the time of the test. Also, the operator may not use the machine properly. Finally, even if everything else is in order, sometimes the Breathalyzer can give a false impression that a Colorado resident was too drunk to drive.

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