You were pulled over by police in Colorado, and they suspect you’ve been drinking and driving. Then, the moment of truth comes. They gave you the option of taking a Breathalyzer test or submitting to a blood test. Both sobriety test options have their own unique advantages and disadvantages when you are facing the threat of a criminal charge of driving under the influence.
Why a breath test?
In the state of Colorado, breath tests are not deemed to be as accurate as blood tests. Before commencing with this type of test, you must meet strict requirements. For instance, no tobacco can be in your mouth, and a minimum of 20 minutes must have passed since you last burped. In addition, you need to be able to generate enough air for the Breathalyzer machine to work. If a test is not administered correctly, its results are not admissible in court.
Why not a breath test?
Police can generally get you to their station pretty quickly, so when you take a Breathalyzer test, your alcohol reading might be higher than it would be if you go to the hospital to complete a blood test, as hospitals are not always located close by.
Why a blood test?
Because it usually takes extra time to get to a hospital to complete a blood test, this gives your body enough time to burn through a greater amount of alcohol. As a result, your test results may indicate a lower blood alcohol level, thus enabling you to avoid a criminal charge.
Why not a blood test?
If there are other substances in your body when you complete this type of test, such as marijuana, they will show up in the test results as well. Therefore, you could still get in trouble if you are under the legal limit for DUI but consumed marijuana.
Contacting an attorney
Whether you choose a breath or blood test, it is essential that you realize what the consequences of a DUI conviction are in the state of Colorado. A knowledgeable attorney can study your case and find a way to challenge the traffic stop and the sobriety test in an effort to achieve the best outcome for you considering the circumstances surrounding your case.