As stated earlier on this blog, if you decline a blood alcohol test, you could face pretty serious administrative and criminal sanctions. By completely refusing the breathalyzer, you give your Denver criminal defense lawyer significantly less to work with. However, there are a few things you can do to handle the tests properly and minimize the damage.
First, remember the hand-held test the police may attempt to administer is completely optional. This is not covered by the implied consent doctrine, so refusing to blow right away cannot get you in trouble. That's because the hand-held units are considered fairly inaccurate, and aren't admissible in court to prove your blood alcohol content. As such, the only thing that can come of submitting to the roadside tests is additional evidence allowing law enforcement to conduct more detailed investigation, including bringing you back to the station for a more accurate breath or blood test. Remember, a large portion of your Denver criminal defense lawyer's case is going to rely on proving the stop and arrest were illegal. The less law enforcement can get on the scene, the more likely the stop can be shown to be illegal.
Second, in Colorado, those suspected of DUI have the right to a blood test. A breath test is easier and cheaper for law enforcement, so you probably won't be told about this. However, that's not your business. The blood test is much more accurate and slightly harder to obtain. As such, it increases your chances of getting the right result.
Finally, call a Denver criminal defense attorney and exercise your right to an attorney as soon as possible. Even if you can't remember all these rights, an attorney has been through many of these cases and can help guide you through your dealings with law enforcement as well as the rest of the case.
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