Refusal of breath testing conflict

[ho11ywood]

For the record, I'm not taking this lightly. Those of you who are here to judge people who've made a mistake and are seeking help with their problem, you've got too much time on your hands.

 

[ho11ywood]

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.

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The first test was .090 and the second test taken 8 minutes later was a .110. At no time did I refuse to take any tests or comply with testing.

 

[ho11ywood]

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

Thank you for letting me know.

 

[ho11ywood]

You willing to the risk of killing others. Disgusting.

Seriously, what is wrong with you guys? You're here to tell me how I could've killed people? You can kill someone anytime you drive you idiots.

 

[Silverplum]

Seriously, what is wrong with you guys? You're here to tell me how I could've killed people? You can kill someone anytime you drive you idiots.

"Go, and sin no more."

 

[Silverplum]

For the record, I'm not taking this lightly. Those of you who are here to judge people who've made a mistake and are seeking help with their problem, you've got too much time on your hands.

What was the mistake?

 

[ho11ywood]

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.

I do have an attorney. My license will be suspended for 30 days, after that I can apply for early reinstatement with an interlock device in my car. I'm also facing 40 days of house arrest and 2 years of probation with monitored sobriety. Even though it was 11 years ago, I'm considered a Persistent Drunk Driver and my first offense enhances penalties. Colorado is one of the toughest states in the country on DUI's. I completely understand why and I take it very seriously. Thank you for your feedback.

 

[ho11ywood]

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.

The intent of my statement was NOT to take my offense lightly. I never said it was OK to drink and drive or that people should do it. I made a huge mistake and will suffer the consequences. I'm sorry to hear about your accident, that's terrible.

 

[ho11ywood]

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.

At no time did I refuse or interrupt the test. I was fully cooperative and aware .

 

[quincy]

I do have an attorney. My license will be suspended for 30 days, after that I can apply for early reinstatement with an interlock device in my car. I'm also facing 40 days of house arrest and 2 years of probation with monitored sobriety. Even though it was 11 years ago, I'm considered a Persistent Drunk Driver and my first offense enhances penalties. Colorado is one of the toughest states in the country on DUI's. I completely understand why and I take it very seriously. Thank you for your feedback.

It is good that you have an attorney. It is good that you are taking your latest DUI seriously. It is good that Colorado is tough on drunk drivers. It is especially good that you did not injure or kill anyone after choosing to drive after drinking.

I hope the penalties you wind up suffering are considered by you to be severe enough that you are able to maintain sobriety during and long past the 2 years of monitoring you face. Good luck.




(sorry for my obnoxious post, Pro - it sounded worse on a re-read)

 

[CdwJava]

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The first test was .090 and the second test taken 8 minutes later was a .110. At no time did I refuse to take any tests or comply with testing.

Why 8 minutes? What occurred to make THAT delay happen? If it was an action (or inaction) on your part, that may be the problem. It's possible that the machine your agency uses considers that long a delay between the two tests an invalid test.

 

[CdwJava]

Thank you for letting me know.

I figured it was important to point out since you did not seem to be too concerned about the risk you placed yourself and everyone into.

 

[CdwJava]

Seriously, what is wrong with you guys? You're here to tell me how I could've killed people? You can kill someone anytime you drive you idiots.

Except that you are many times more likely to do so when impaired. It is truly sad - and terrifying - that you do not get that.

 

[HighwayMan]

...nothing was destroyed in my case other than my livelihood...

Well, that is YOUR doing alone, regardless of whether the refusal holds up.