Refusal of breath testing conflict

[ho11ywood]

I recently got my second DUI in Denver, CO (first one was 11 years ago) . My BAC was .090. I admitted to officers I had been drinking and performed roadside tests and subsequently breathalyzed. I breath tested 2 more times at the jail and the officer marked that I had refused the test and also marked my BAC on this document (express consent). Is there any argument to be made this falsity makes this legal document invalid?

 

[quincy]

I recently got my second DUI in Denver, CO (first one was 11 years ago) . My BAC was .090. I admitted to officers I had been drinking and performed roadside tests and subsequently breathalyzed. I breath tested 2 more times at the jail and the officer marked that I had refused the test and also marked my BAC on this document (express consent). Is there any argument to be made this falsity makes this legal document invalid?

Did you tell the officers you would take one test and change your mind to take another type of test? That can be marked as a refusal.

Here for your information is a link to the laws: https://www.ncdd.com/state-delegates/usa/colorado

 

[Silverplum]

I really AM exceedingly displeased.

This is where I live, dammit, and I demand that all of you STOP driving as if a car is not a weapon of destruction!

 

[ho11ywood]

Did you tell the officers you would take one test and change your mind to take another type of test? That can be marked as a refusal.

Here for your information is a link to the laws: https://www.ncdd.com/state-delegates/usa/colorado

No, I never changed my mind. Seems to me that marking it as a refusal and also administering tests would contradict. Id like to know if I could get any traction in my DMV hearing with this. Thanks for the feedback

 

[ho11ywood]

I really AM exceedingly displeased.

This is where I live, dammit, and I demand that all of you STOP driving as if a car is not a weapon of destruction!

Thanks for letting us know,but nothing was destroyed in my case other than my livelihood. As a side note, anyone can use their car as a "weapon of destruction" ,you don't have to be drinking to do that.

 

[CdwJava]

The first test done by the roadside does not count as a required BAC test.

You say you took two tests at the jail. What were the results? The required test requires two COMPLETED and valid tests to be conducted on a breath machine approved by the state. If you refused any further breath tests by the police, but submitted to two PAS tests at the jail for jail staff (and not for the arresting officer using the approved breath machine), then that's a refusal.

 

[CdwJava]

Thanks for letting us know,but nothing was destroyed in my case other than my livelihood. As a side not, any can use their car as a "weapon of destruction" you don't have to be drinking to do that.

At .09 you WERE impaired and a danger to others on the road. You should not have been driving.

 

[Just Blue]

Thanks for letting us know,but nothing was destroyed in my case other than my livelihood. As a side not, any can use their car as a "weapon of destruction" you don't have to be drinking to do that.

You willing to the risk of killing others. Disgusting.

 

[dave33]

I recently got my second DUI in Denver, CO (first one was 11 years ago) . My BAC was .090. I admitted to officers I had been drinking and performed roadside tests and subsequently breathalyzed. I breath tested 2 more times at the jail and the officer marked that I had refused the test and also marked my BAC on this document (express consent). Is there any argument to be made this falsity makes this legal document invalid?

You would need to retain an attorney with specialization in this field to know for sure.

 

[quincy]

No, I never changed my mind. Seems to me that marking it as a refusal and also administering tests would contradict. Id like to know if I could get any traction in my DMV hearing with this. Thanks for the feedback

ho11ywood, did you refuse a urine test? Did you in any way delay the taking of a breath test? You weren't injured and chose to have your blood tested instead of having a breath test?

I think it unlikely that you can use the mismarked "refusal" to your benefit. You are facing a license suspension anyway with your previous offense and with your high BAC - although you might get the suspension reduced from 1 year to 9 months.

Do you have an attorney to handle the DUI for you? If you don't, I recommend it. It could be possible to get the charge reduced to wet-reckless or, if the facts support it, have the charge dismissed entirely on some sort of technicality (but I don't think the false refusal is the technicality that will do it).

We have forum members who reside in Denver so please keep them safe by driving carefully (when you are allowed to drive again).

Good luck.

 

[Proserpina]

Thanks for letting us know,but nothing was destroyed in my case other than my livelihood. As a side not, any can use their car as a "weapon of destruction" you don't have to be drinking to do that.

What is a "side not"?

Were you impaired when you typed that?

 

[quincy]

What is a "side not"?

Were you impaired when you typed that?

Side note. He left off the e. Not a biggie.

 

[NellieBly]

Thanks for letting us know,but nothing was destroyed in my case other than my livelihood. As a side not, any can use their car as a "weapon of destruction" you don't have to be drinking to do that.

I was in an accident where the drunk driver's car rolled, killing a passenger. She struck our car, which spun out.

Do not take this lightly.

 

[Proserpina]

Side note. He left off the e. Not a biggie.

Yes. I know ...

 

[ajkroy]

Failing to complete the test according to specifications can also be a "refusal" after a certain number of tries. OP, did you attempt to blow but were interrupted for any reason? Coughing, laughing, talking, falling asleep...even a simple failure to understand the instructions (since they were explained to one who was impaired) can be counted as a refusal in most cases. You don't get unlimited tries.