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We Can Fight Your Chemical Test Results

Denver Breath & Blood Test Defense

Get the Help of Our Denver DUI Attorney - Call (303) 720-7280

When facing a DUI charge in Colorado, the prosecution's entire case against the defendant hinges on the strength of evidence; namely, that the defendant's BAC level was higher than the legal limit at the time of the traffic stop.

There are two types of chemical tests used to determine a driver’s BAC level: a breath test and a blood test. If you have been arrested for drunk driving after failing either of these tests, it is important to understand that you may still have the chance to fight a criminal conviction.

Can I Refuse a BAC Test?

Under Colorado law, you are required to take a breath or blood test if you’ve been arrested for a DUI. The test must be administered within 2 hours of when you were last behind the wheel.

By refusing to take the test, the state can suspend your license – 12 months for the first offense, 24 months for the second offense, and 36 months for the third offense.

If you are facing charges, contact our firm today to schedule your free initial consultation. 

Understanding the Breath Test

One of the most common forms of measuring blood alcohol concentration is the use of a device called a breathalyzer. The breathalyzer is able to gauge the amount of alcohol in the bloodstream through the air being exhaled. Although it is only one of the methods of measuring BAC, it is highly favored by police officers for the use of DUI stops. This is due to the usability and portability of the device, which is a small instrument, about the size of an old tape recorder.

The weakness of breath tests lies in the technology's science. When a prosecution's entire case is built upon the results of a breath test, your Denver DUI attorney has the ability to scrutinize possible factors that could contribute to a false or inaccurate reading.

These factors include:

  • The officer wasn’t properly trained on how to use the breathalyzer machine
  • The officer wasn’t properly trained on how to administer the test
  • The officer made a mistake when administering the test
  • The machine wasn’t calibrated correctly
  • Machine errors, defects, or malfunctions
  • Radio frequency interference

Information on Blood Tests

A blood test is conducted by drawing a sample of the driver’s blood, which is tested to determine the amount of ethanol alcohol in the body. Like a breath test, blood tests are not immune to inaccuracies and errors.

Although blood tests are arguably more accurate than breath tests, there are still a number of factors that could cause the results of a blood test to be inaccurate, such as:

  • Contaminated testing equipment
  • Broken or defective testing equipment
  • Too much time elapsed between arrest and testing
  • Technician error

One thing to understand is that when it comes to blood tests, it is extremely difficult to track the chain of custody, as the tests are very extensive and require a lot of human involvement. Human error is not uncommon and can often be used as grounds to get the tests dismissed as proper evidence.

Defending Yourself Against DUI Charges

When you are facing something as severe as a criminal charge of a DUI, there is no room for anything less than your best effort. You need to have an attorney at your side with the skill and knowledge to assist you on your way to your desired result. By working with the right lawyer, you can get your questions answered about the DUI process, DUI penalties, multiple DUI offenses and more.

At The Law Office of Christopher H. Cessna, we understand the emotional, overwhelming nature of the case you are facing and are completely dedicated to giving you the proper legal support to protect your rights.

Learn About Our Success

5 / 5 stars
"My father, who is an attorney, had a co-worker suggest Chris Cessna to my DUI case. When we first met with Chris, we knew he was the perfect fit. He was intelligent, knew the justice system, and was willing to lay down all my options on how the case could unfold. From the start, he was very understanding and built a personal relationship with me. He wanted the court to see that I had accomplished things in my life and was not entitled to the DUI that I had been charged with in 2012. During, the entire year of working on my case, Chris was professional, always emailed me back, even on his free time to answer a question! He would always respond and gave me information about my case when he was updated by the DA. Further, Chris did an outstanding performance in the court room. He knew how to professionally present the facts and represent the client. Chris not only always kept me in the loop about my case, but he got my DUI dropped. He was able to prove by suggesting re-testing blood work, getting DRE experts, and medical doctors to write documentation about my condition. Chris got me the justice I deserved. I am very happy and thanked him many times for helping me through such a difficult time and helping me get justice. Furthermore, Shelly, his receptionist was always polite, responded to voicemails on a timely fashion, and always sent me notifications about my case weeks ahead of time. She always kept track of billing in a very professional way because she always made sure if I made a payment I had a receipt. She was organized and extremely friendly. If I ever need legal help again, I would without a doubt go back to Chris. I suggest him and will continue to because he is an outstanding lawyer that actually cares about you and your case. Chris Cessna is an expert at what he does and I highly suggest hiring him for legal help."

Visit our testimonials page to read more client reviews.

Contact the firm at your earliest convenience to get started on a positive resolution.

What Our Clients Are Saying

See How We've Helped Our Past Clients
  • “I just wanted to express my thanks to Chris Cessna.”

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  • “I am very grateful and would recommend.”

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  • “Very personable and truly cares.”

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  • “I never had any doubts or concerns trusting you.”

  • “He kept me positive, and helped me fight my case.”

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  • “Thank you for a job well done!”

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  • “He traveled to Kansas from Denver to assist us in this case.”

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  • “Chris displayed a genuine concern for my personal comfort.”

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  • “I can never repay you for what you did.”

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  • “Chris got me a deal that I never thought possible.”

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  • “I highly recommend Mr. Cessna.”

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  • “New driver's license just arrived!”

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Get the Experience of Attorney Chris Cessna On Your Side

See What Sets Him Apart
  • Over 20 Years of Experience

  • Each Case Handled With Personalized Service

  • NHTSA Certified Instructor in Field Sobriety Tests

  • Former Law Enforcement Officer and Prosecutor