Do I Have to Take a Breath Test During a DUI Stop?

Call 720.542.6148
A DUI Defense Lawyer Explains What Happens If You Refuse a Breath Test

After getting pulled over for suspicion of driving under the influence (DUI) in Colorado, you may have no idea what you are supposed to do. One of the biggest questions people have during a DUI stop is whether they should take a blood or breath test. While it is possible to refuse to take a breath or blood test when you are pulled over for DUI, there are consequences to this decision that could last for years. In this video, criminal defense attorney Jason Wolfe talks about what will happen if you refuse to take a blood or breath test during a DUI stop.

For more information about how our DUI defense lawyers can help you if you were stopped for DUI, call us, fill out our online form or connect with us on Facebook to schedule a consultation and get help now.


So there’s two different types of breathalyzers that people may think of. There’s what’s called a portable breath test, which is a small device that an officer may use on scene while you’re still pulled over. That, those are not admissible in court but they can be used to help the officer build probable cause to then arrest you. Then there’s the Intoxilyzer which is a large device that is usually at a police station or at a detox center and that’s, those are the evidentiary breath alcohol testing machines. That’s what you’re going to blow into and that’s what’s going to give you the official result. Now an officer should ask you if, at some point they suspect you’re driving under the influence whether or not you want to take a blood or breath test. That’s under Colorado’s express consent law and you can choose one of the other or you can refuse. It’s entirely your choice. There are consequences for refusal to take a blood or breath test. It’s an automatic one-year revocation to your driving privilege and that certainly is something to consider when you’re in the process of making that decision. Very difficult to make that decision when you’re in the heat of it and I understand, but that one-year revocation on your driver’s licenses is a pretty severe consequence.

Contact Us

Over 67 years of legal experience

When contacting our offices one of the first questions people will often ask our defense attorneys is “What is the chance of winning a case in Colorado?” Every case is unique and presents a different set of circumstances. For example, a case in Aurora would be defended differently from a case in Denver, or a case in Lakewood. However, the sooner you contact a lawyer, the greater your chances are of getting a favorable outcome. Our attorneys have the combined experience of handling thousands of cases throughout their careers.

Request a Free Consultation Today.
  • This field is for validation purposes and should be left unchanged.

Recent Blog Posts

June 19, 2018 in Thomas Law Firm

D’oh! DUI?: The Most Honest Drunk Driver Ever

The old adage “honesty is the best policy” rang particularly true for one drunk driver mid-June. The 26-year-old Kentucky man claimed to have consumed a…
Read More
May 15, 2017 in Thomas Law Firm

New Bill Changes Conditions of Probation for Felony DUI’s

According to Colorado’s law, a fourth or subsequent DUI results in a felony charge. However, new HB17-1288 now makes it a requirement when a court…
Read More
March 2, 2017 in Thomas Law Firm

The DUI Process, Part 1: Pullover and Arrest

Over the course of the next month, we’ll be doing an extended breakdown of the process of Colorado DUIs from arrest to case resolution. So, for this…
Read More
February 28, 2017 in Thomas Law Firm

Dank Delivered to Your Doorstep? Colorado May Allow It

The snacks are ready, the Adventure Time is queued up and the Xbox controllers are charged when your pal Zeke gives you a call and…
Read More