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DUIs can change the entire course of your life. But if you’re charged with DUI, is there anything you can do to challenge the testing that occurred? The two tests that are used to support DUIs in Fort Collins and the surrounding areas are breathalyzer and blood tests. If you’re facing a DUI in Fort Collins or the surrounding areas, schedule your free consultation with a skilled Fort Collins DUI attorney at Martin & Reed, LLC, by calling (970) 573-5187 or completing our contact form. Let’s discuss how our criminal defense team may be able to help protect your future by challenging the breathalyzer and blood tests.
What Tests Are Given In a Fort Collins DUI Case?
The two types of tests given in a Fort Collins DUI investigation are the breathalyzer test and the blood test. The objective of both tests is to determine the blood alcohol content, also referred to as BAC, to determine whether the person is considered “under the influence”. The breathalyzer may happen during a traffic stop or after you’re arrested.
The second test is a blood test. This does not happen during traffic stops. Blood tests are performed if a breathalyzer is refused and also to determine if you are under the influence of drugs.
What If You Refuse a Breathalyzer Test and Blood Test in Fort Collins?
If you refuse a breathalyzer test, you will receive an automatic suspension of your driver’s license for one year for your first refusal. The suspension period increases for each additional refusal. However, a 2014 legislative mandate now allows individuals to apply for their license reinstatement after two months. That being said, the State can also use your refusal to submit to the test against you during trial. Yet, if you agree to the test and the results show that your BAC was over the legal limit, that can also be used against you. It’s crucial to defend your rights and freedom by contacting a breathalyzer and blood test attorney in Fort Collins.
Can You Challenge Breathalyzers and Blood Tests in Fort Collins?
Breathalyzers and blood tests can be challenged in Colorado. Due the Colorado Expressed Consent laws that are in place that create the existence of complied consent for drivers who are detained for suspicion of DUI, it is in your best interest initially to cooperate with law enforcement. However, many individuals have concerns regarding these tests. So, yes, after the tests are issued, they may be challenged as part of your DUI defense. A skilled Fort Collins breathalyzer and blood test lawyer at Martin & Reed, LLC, can help you develop the right defense strategy.
Common Issues with DUI Breathalyzers and Blood Tests
Common issues with DUI tests include:
- Being conducted without consent if there is an accident where someone is seriously injured or killed. This also applies if you are unconscious.
- If the blood test is not properly drawn from the Colorado Department of Public Health and Environment and analyzed at a CDPHE-approved lab.
- If the blood test is not done with two vials and properly mixed with the right anticoagulant and preservative.
- Hospitals have an elevated risk of contaminating the sample of blood.
- Law enforcement failed to properly calibrate their breathalyzer.
- Law enforcement failed to properly administer the test.
One or multiple of these issues may apply to your case. Contact our law firm to discuss your defense strategy with an experienced Fort Collins breathalyzer and blood test attorney.
How Martin & Reed, LLC, Can Help You with Your Fort Collins DUI
If you’re charged with DUI in Fort Collins or the surrounding areas, your life isn’t over. Contact Martin & Reed, LLC. A skilled breathalyzer and blood test lawyer will get started on your case right away. Starting immediately increases the amount of time spent on your defense strategy, as time is of the essence. Schedule your consultation now!