Refusing To Take A Blood Or Breath Test

If an officer suspects you are driving under the influence of drugs or alcohol (DUI), he or she will ask you to submit to a test of your blood alcohol content (BAC). You are not required to take a BAC test, but failure to do so has severe consequences. Your driver's license will automatically be revoked for one year.

Should I Refuse To Take The Test?

At Anaya-McKedy, P.C., in Colorado Springs, we believe it is in your best interest to take a test, rather than risk automatic revocation of your license. We can help you even if you refused the test.

Blood Test Or Breath Test?

Our DUI defense lawyers prefer that clients request a blood test rather than a breath test. Two samples of your blood are drawn, which gives us an opportunity to recheck the second sample.

If you took a blood test, we will investigate to determine whether the sample was taken properly, whether the blood was drawn within two hours from the time you were driving, whether the sample was contaminated and whether the person who drew the blood was properly trained and followed proper procedures.

If you took a Breathalyzer test, we will question whether the instrument was in proper working order, whether it had been properly calibrated, whether the officer was trained in its use and whether he or she followed proper procedures.

What Happens Next?

If we identify any problems with either type of test, we will move to have the evidence against you thrown out. Without a scientific basis for determining blood alcohol level, the case against you becomes extremely difficult for the opposition to prove.

To learn more about how our experienced attorneys can help, please contact our law office as soon as possible. Call 719-387-9954 for a free consultation.