Blood Or Breath Tests

Clients from throughout the Colorado Springs area turn to the law firm of Anaya-McKedy, P.C., because they know our commitment to personalized legal representation. Therefore, when it comes to online FAQs, you should never rely on generalized answers when making decisions about your legal future.

Instead, you should speak with a firm dedicated to providing each client with legal advice uniquely tailored to a client's particular circumstances. That is the level of service that we can provide to you.

That said, there are certain matter-of-fact concerns that can be adequately addressed when the sole purpose is for information gathering. One of the main concerns confronting you if you are facing charges for DUI, for instance, involves blood or breath tests.

Do You Have To Take The Blood Or Breath Test?

No. You don't.

Does that answer surprise you? Then allow us to explain briefly.

Our firm's lawyers include former prosecutors. We understand how the other side thinks. When it comes to blood or breath tests, we can tell you confidently that the prosecuting attorneys on the other side want you to have taken a blood or breath test.

A blood or breath test will provide them with evidence they may be able to use in court. Even if the evidence is no good and should be thrown out, a prosecutor knows there is always a chance that a judge will allow it.

As we mentioned in our general DUI FAQ overview, when you decline the blood or breath test, do so politely. Even that early in your encounter with law enforcement, your credibility is at stake and you want to conduct yourself so you will be able to present the judge later with a positive impression.

Also keep in mind that this refusal is more about protecting your rights than it is about simply protecting your license. While your refusal will result in your license being immediately suspended for 12 months, we will help you understand the available options.

We routinely challenge the admissibility of these blood and alcohol tests. They can be notoriously unreliable even when administered properly. Furthermore, the equipment used for them could have been maintained poorly, also throwing into doubt any test.

Nevertheless, as we stated above, you do not even want the prosecution to be able to get that far with it in front of a judge. Cut off the entire line of thinking by simply refusing politely to take any blood or alcohol test.

You Can Rely On Our Experience

You can protect your rights only if you know about them. If you are facing DUI charges, you want to contact us as soon as possible. Your rights can often be highly time-sensitive. The sooner we can begin preparing your case, the more likely it is we can maximize your rights. Contact us online or call 719-387-9954 to schedule your free initial consultation.