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Colorado Springs DUI Lawyers Discuss Breathalyzer Tests

Are you may grappling with the distressing aftermath of a breathalyzer test in Colorado Springs? At The Bussey Law Firm, P.C., we understand the overwhelming sense of uncertainty and fear that can accompany such a situation. Our team of dedicated Colorado Springs DUI defense lawyers are here to provide you with the legal guidance and support you need during this challenging time.

Refused Breathalyzer Test Case Results

DUI and Refused Test – Deferred Sentence, No Conviction, No Jail, No Points Reported

DUI with Accident – Deferred Sentence

Driving Under the Influence with Accident – Dismissed

What Is a Breathalyzer?

A breathalyzer test is one of many chemical tests you may be asked to go take if you are suspected of driving under the influence. It can determine whether a person’s blood alcohol content (BAC) is over the state-imposed limits by taking a breath sample and scanning it. Unlike other chemical tests, breathalyzers can be administered on the road, so they are favored by police officers performing pullovers.

The test is administered through a machine that resembles a box with a tube attachment. The person being tested blows through the tube to provide a breath sample. The scanning equipment inside the box receives the breath sample, “reads” it, and measures how many alcohol molecules there are against the total number of molecules in the sample, creating a percentage.

According to Colorado’s criminal statutes regarding drunk driving, a driver who blows a BAC between 0.05 and 0.08 percent is presumed to be driving while his or her ability is impaired by alcohol (DWAI). A driver who blows a BAC of 0.08 percent or more is presumed to be guilty of DUI. Both are considered serious violations that may incur administrative and criminal penalties if the driver is convicted of either offense.

Blowing over 0.05 percent is not the end of the world, however. While it may lead to an arrest, breathalyzer data is not always accurate. On top of that, there are reasons why you may blow a higher-than-legal BAC outside of drinking. With a skilled defense attorney, you may beat your DUI charges yet, which is why you should never presume a high BAC means that you will be facing time in jail. That being said, you should never refuse a breathalyzer test.

An officer may pull you over if he or she has probable cause to do so. This means that you were driving in such a way that made the officer suspicious you were breaking a law, or that you needed assistance. Once you are pulled over, the officer will likely ask you to perform some field sobriety tests, such as walking in a straight line or standing on one foot. These tests help the officer determine whether you are impaired.

If you pass the sobriety tests, the officer may decide that further tests are needed to determine whether or not you are driving sober. The officer may pull out a breathalyzer and tell you to blow into it. At this point, you may be tired of all the testing. You just want to go home. You refuse the test. That is where you would make a serious mistake, however, as you must agree to all chemical tests — or face serious penalties.

Colorado’s expressed consent law states that drivers who have been arrested on suspicion of driving under the influence must subject themselves to a chemical test of their blood or breath, or they will face automatic penalties. The test must be taken within two hours of the time the suspected driver was pulled over, unless “extraordinary circumstances” present themselves (weather delays, power outages, broken equipment, et cetera). The driver at least has the option of choosing what kind of test is administered. Any resistance during this process may be construed as refusal.

Furthermore, a suspected driver has to comply with a preliminary breath test, or a roadside test, even if an arrest has not been made. Refusal may cause the officer to become more suspicious and find another reason to make an arrest, and the arrested person will have to comply to a chemical test anyway.

What Are the Penalties for Refusing to Take a Breath Test in Colorado?

You are legally obligated to accept the breathalyzer test, even if the results show that you were not over the BAC limit at the time of the traffic stop. The severity of the penalties will go up with each refusal of the test.

First refusal: A one-year license revocation

Second refusal: A two-year license revocation

Third refusal: A three-year license revocation

Even a one-year license revocation can have a serious impact on your life. You will have to rely on public transportation, rideshares, or friends and family to transport you to work, to the grocery store, and home. Your independence will be severely limited.

It is important to note that you may not plead the Fifth in order to avoid a chemical test. A refusal is a refusal and the penalties that come with it will be automatically granted, no matter your Constitutional rights. The best way to try and protect your rights? Speak with an attorney who can go to bat on your behalf.

Why You Need a Colorado Springs DUI Attorney

A breathalyzer test conviction can have far-reaching consequences, including hefty fines, potential jail time, a criminal record, and the suspension of your driver’s license. Navigating the intricacies of the legal system in such cases can be daunting and complex, especially without the assistance of a seasoned legal professional.

How The Bussey Law Firm, P.C. Can Help

We offer free consultations to help you understand your legal options and develop a strong defense strategy tailored to your specific circumstances. Our experienced Colorado Springs breathalyzer test lawyers have a deep understanding of the local legal landscape and a proven track record of securing favorable outcomes for our clients. 

Guiding You Through Complex Legal Proceedings

From court hearings to administrative proceedings, our legal team will stand by your side throughout the entire legal process. We will meticulously review the details of your case, gather compelling evidence, and craft a robust defense to maximize your chances of a successful outcome. We strive to minimize the impact of a breathalyzer test charge on your life and future opportunities.

Contact The Bussey Law Firm, P.C. Today

If you or a loved one is grappling with the ramifications of a breathalyzer test in Colorado Springs, don’t hesitate to reach out to our compassionate and skilled legal team. We are committed to fighting tirelessly on your behalf and pursuing the best possible results for your case. Take the first step towards protecting your future by scheduling a free consultation with our Colorado Springs defense lawyers today.

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Avoiding Common Mistakes After a Breathalyzer Test Charge

Facing a breathalyzer test refusal charge is a serious matter that demands careful consideration and decisive action. In the wake of an arrest, individuals often make mistakes that can significantly impact the outcome of their case. Here, we’ll outline some common mistakes and explain how The Bussey Law Firm, P.C. can assist you when you have questions about your criminal charge.

Failure to Seek Legal Counsel

One of the most critical mistakes is neglecting to consult with an experienced, Colorado Springs-based breathalyzer test lawyer. Attempting to navigate the complex legal system alone can result in unfavorable consequences. Our legal team is here to offer guidance and support to help you make informed decisions about your case.

Admitting Guilt Without Legal Counsel

Many individuals, in the stress of the moment, make statements to law enforcement that may be used against them later. It’s vital to understand that you have the right to remain silent and consult with an attorney before providing any statements. The Bussey Law Firm, P.C. can help ensure that your rights are protected and that you don’t inadvertently incriminate yourself.

Failing to Understand Legal Options

Without a clear understanding of your legal options and potential defenses, you may not be fully prepared to make informed decisions about your case. Our Colorado Springs Breathalyzer Test lawyers offer free consultations to help you comprehend your situation, discuss possible strategies, and develop a plan tailored to your unique circumstances.

How The Bussey Law Firm, P.C. Can Assist You

Our legal team has a wealth of experience in handling breathalyzer test cases in Colorado Springs, CO. We are committed to helping you avoid these common mistakes and secure the best possible outcome for your situation.

By seeking our guidance, you can:

Receive Experienced Legal Advice: We use our experience to help you make informed decisions and protect your rights.

Avoid Self-Incrimination: We will ensure that your rights are safeguarded, preventing self-incrimination and potential harm to your case.

Understand Your Legal Options: We will help you grasp the complexities of your case, discuss available legal avenues, and design a strong defense strategy.

When facing a breathalyzer test charge, it’s essential to have a capable legal advocate by your side. The Bussey Law Firm, P.C. is dedicated to helping you navigate the legal process effectively and achieve the best possible results. Don’t hesitate to reach out to us with your questions and concerns.

Frequently Asked Questions for Colorado Springs Breathalyzer Test Overview Cases

Here are some commonly asked questions, along with answers, to help you better understand your situation and how The Bussey Law Firm, P.C. can assist you:

If you’re arrested for a breathalyzer test offense, you may face consequences such as fines, jail time, a criminal record, and a suspended driver’s license. The severity of these consequences can vary depending on the specific charge and your prior criminal record.

Yes, it is highly advisable to consult with a Colorado Springs breathalyzer test lawyer. Attempting to handle your case on your own can lead to adverse outcomes. Our legal team can provide you with the guidance necessary to protect your rights and achieve the best possible result for your case.

If you’re pulled over by law enforcement and asked to take a breathalyzer test, it’s crucial to remain calm and respectful. You have the right to remain silent and consult with an attorney before answering any questions. It’s generally wise to avoid admitting guilt or making self-incriminating statements until you’ve spoken with a lawyer.

Yes, it is possible to challenge the results of a breathalyzer test. These tests are not infallible, and various factors can affect their accuracy. Our experienced Colorado Springs breathalyzer test lawyers can help you explore potential defenses and strategies to challenge the validity of the test results.

Our legal team at The Bussey Law Firm, P.C. can assist you in several ways:

We provide legal advice to help you make informed decisions.

We protect your rights, ensuring you do not self-incriminate.

We help you understand your legal options, offering guidance on potential defenses and strategies for your specific case.

The first step is to schedule a free consultation with our Colorado Springs breathalyzer test lawyers. During this consultation, we will discuss your case, answer your questions, and develop a tailored strategy to address your unique circumstances. You can contact us to get started on your defense and protect your future.

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If you’ve recently found yourself facing the daunting prospect of a drunk driving charge in Colorado Springs, CO, it’s essential to remember that you don’t have to navigate this challenging journey alone.

At The Bussey Law Firm, P.C., we are here to provide you with the legal support and guidance you need to secure the best possible outcome for your case.

Free Consultations for Your Peace of Mind

We understand the turmoil and uncertainty that can follow a breathalyzer test arrest. That’s why we offer free consultations to help you understand your situation and the legal options available to you. During this consultation, we’ll discuss the specifics of your case, address your questions, and help you design a customized strategy to tackle the challenges you’re facing.

Your Future Deserves a Strong Defense

Our legal team is committed to working diligently on your behalf. We know that your future is at stake, and we will leave no stone unturned to help you achieve the best possible result. Whether it’s challenging the breathalyzer test results, protecting your rights, or exploring potential defenses, we are here to fight for you every step of the way.

At The Bussey Law Firm, P.C., our mission is to guide you through this challenging time and provide you with the legal representation you deserve. Don’t hesitate to reach out to us now, and let us help you secure the second chance you deserve. Your future is important, and we are here to stand by your side. Contact us today.

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