Can You Refuse A Breathalyzer Test?

​Nearly all DUI charges involve a breathalyzer test reading that provides a blood alcohol content level.

Breathalyzer – The Primary Method For Field Sobriety Test

Besides field sobriety testing, the Colorado Springs Police Department (CSPD) uses the breathalyzer as the primary tool to determine whether a person is legally intoxicated.

However, it’s important to note that the breathalyzer isn’t always correct. In addition to other factors, if administered improperly, the breathalyzer can yield false results.

Understandably, it is easy to assume that the results of the breathalyzer test guarantee that you will be convicted of a DUI. And as result, you might be considering pleading guilty to avoid a seemingly futile trial.

However, all is not lost. By seeking the assistance of an experienced Colorado Springs DUI lawyer, you will significantly boost your chances of a favorable outcome in your case.

I highly recommend The Law Office of Jeremy Lowe for anyone looking for DUI help. I have no history being in trouble with the law and got my first DUI, and it was such a scary and intimidating process to try to understand and go through. I was referred to Matt at Jeremy’s office by a friend, but I also did a lot of research and “interviews” with other law firms. I ended up going with Matt due to his expertise as a long-time prior district attorney/prosecutor. He was also head of the DUI team during the time he was there, so he really knew the ins and out of how to best handle my case. He helped me feel comfortable and confident throughout this entire process. He got me a great deal all things considering, and I’m so grateful for their office’s support and expertise. I did have some contact with Jeremy, and he was also great to work with. Both are very smart, competent attorneys and are confident in court. They’re laid back and friendly (and LGBTQ+ friendly for those who care because I do) and not at all intimidating. I really felt that as a team they had my best interest at heart, and I wasn’t just another case. I also hate writing reviews, but if this can help someone else who is in the same position then it’s worth it. -Tori Klein

What Are Breathalyzers And How Do They Work?

A breathalyzer is an electronic device that’s used for estimating blood alcohol content (BAC) from a person’s breath. But you should note that the breathalyzer test doesn’t directly measure the blood alcohol levels.

What it does is determine the concentration of alcohol in a breath sample and calculate the corresponding BAC levels.

When it comes to testing blood alcohol concentration (BAC), sampling blood through a blood draw is the gold standard. But this technique has various limitations given that several hours can pass between the time of police detainment and a blood draw in a clinical facility.

How Accurate Is A Breathalyzer Test?

First, it is important to note the breathalyzers used by the Colorado police utilize the CMI “intoxilyzer” blood alcohol tester. These types of alcohol testers have alcohol testers that utilize infrared spectrometry (IR) alcohol detection technology.

The CMI website reports that the Inoxilyzer 800 has met DOT specifications of +/- .0005 BrAC to .100BrAC and +/- above .100 BrAC.

So, a breathalyzer as used by the Colorado Springs Police is fairly accurate – if administered correctly.

Colorado DUI and DWAI Statute

Under Colorado’s DUI statutes, a driver who blows and is found to have a blood alcohol concentration of between 0.05 and 0.08% is presumed to be operating a vehicle while his/her ability to drive is impaired by alcohol (DWAI). Any motorist who is found to have a blood alcohol concentration of .08% or more is considered guilty of DUI.

Both are serious violations that may lead to criminal and administrative penalties should the driver be convicted of any of the offenses in a court of law.

Can I Refuse A Breathalyzer Test If Pulled Over?

According to the Colorado Division of Motor Vehicles, as of January 1, 2014, any refusal to take a chemical test at a traffic stop will automatically lead to a Persistent Drunk Driver designation.

The need to avoid the “Persistent drunk driver” label is sure to encourage most people to take the breathalyzer test. However, there are still many other consequences to failing to take the breathalyzer test. Below are some of the repercussions of failing to take the breathalyzer test:

• An automatic one-year suspension of your driver’s license. You can apply for reinstatement after 2 months.
• Mandated enrollment in an alcohol and drug education program (a DUI class).
• The installation of an ignition interlock device, otherwise known as IID, on your car for at least 12 months once your driving privileges have been reinstated.

Besides the above penalties, the refusal to submit yourself to a breathalyzer test can serve as admissible evidence of guilt should your DUI case go to trial. For most individuals, this is as serious as being labeled a persistent drunk driver.

The Bottom Line – It’s Best Not To Refuse A Breathalyzer Test!

Didn’t Take The Breathalyzer Test? We Can Help

Regardless of whether you refused to take a breath or blood test, or you failed one, you could be facing some very serious penalties should you be convicted. Besides serving possible jail time, facing hefty fines, and having your driving privileges suspended or terminated, a DUI conviction can seriously harm your personal and professional reputation.

But all is not lost, the experienced team of DUI attorneys at  The Law Office Of Jeremy Loew can help you avoid conviction entirely or have your charges reduced.

Contact us immediately upon a DUI charge – we can help you.