Denver DUI lawyer / handheld breath tests

The first experience many people have with the DUI arrest process is the handheld breathalyzer. Sometimes teachers will bring a unit like this into health class just to show how they work, and show that they can trigger a positive test result simply with Listrene. However, the handheld breath tests are no novelty: they can singlehandedly ruin the case your Denver DUI lawyer is trying to put together.

The first crucial thing to know about the mobile units is that you do not have to take the test. The readings the police get from them are so variable, they are not even admissible in a court of law. Similarly, it is not admissible evidence for the state to say you refused to take the test. You literally have nothing to lose by refusing to take a roadside breath test. The police will say that you can clear yourself with the test, or that innocent people would take it. However, even if you haven't been drinking, it's unlikely to clear you on the spot. They pulled you over, they will probably find something to charge you with. If you feel uncomfortably pressured, tell the officer you want to talk to a Denver DUI attorney.

The second thing to remember is that by submitting to the portable test, you are providing more reason for arrest. Frequently your Denver DUI lawyer will rely basically on trying to exclude evidence. One way evidence can be excluded from court is by demonstrating the officer did not have a reason to arrest you and perform a blood or breath test at the station. This is called lack of probable cause. By submitting to a portable breath test, you are giving the officer basically free probable cause. A judge will never rule an officer did not have good reason to arrest you if you blew too high a number on the portable machine, no matter how unreliable those machines may be. Blowing a higher number on the portable test doesn't ruing your case, but it does make things significantly harder.

The police can get a blood alcohol test under punishment of license suspension. However, it is not a portable test. You have the choice of a blood test or a more accurate breath test at the station. The test in the field is purely voluntary. Do not volunteer to harm your case. Fighting a DUI is hard enough.