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I was pulled over for careless driving and I was asked to to the breath test and blood test and I refused. The officer then told

Littleton, CO |

me to get in the car and took me in to Douglas County. I asked him why he was charging me with a DUI when he did not get me behind to wheel. His response was that he was observing me. He would not let me call an attorney. He said I did not have the right because I refused testing . He then told me that I could call one after the booking process. Even by that time, 4 or 5 hours had passed and another officer told me that I had to blow first and give a breath sample before I got to call anyone. I blew a .081

Do I have any chance of winning or even getting a reduced charge and keep my license?

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Attorney answers 5


You definitely need to hire an attorney. Although refusing to take a breath or blood test will cause DMV to suspend your license for a year, it was a good decision because it is going to make their ability to prove the DUI charge extremely difficult. I have seen over and over again over the past 21 years jurors who will refuse to convict for DUI unless they have an actual test. The .081 test will NOT be admissible against you in court, as it was just trying to make sure that you were sober enough to be released so that they would not be liable for your conduct. You have a much better chance of getting a reduced charge or winning the criminal case by hiring an attorney. Unless the DMV hearing officer finds a lack of probable cause for the officer to request a test, your license is likely gone for 12 months.

The information provided in this answer does not create an attorney-client relationship. If you are interested in his legal services, feel free to call Chris at (303) 409-7635 at his law office in the Denver Tech Center. All initial consultations are free of charge.


What the officer told you was correct. You may have defenses that you can raise if you get a good attorney and if you have the breath sample retested. Your license will have to be suspended for a period of time and you need a good attorney to represent you on the DUI charge.

You can reach Harkess & Salter LLC at (303) 531-5380 or Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.

Rhidian David Watson Orr

Rhidian David Watson Orr


You can not have the breath sample re-tested and the sample of breath he gave was on a PBT at jail for medical and release purposes.


Both the other attorneys are right. Hire a DUI defense attorney immediately. I hope you have requested a hearing with demanding that the officer be present. If the officer fails to appear at the hearing you win and your license will not be revoked. However, the DMV hearing is separate and independent during the criminal DUI proceedings.

All the best

No attorney client relationship is established or intended. Contact a local lawyer for specificity as to the facts in your case. This is for general information only. Check our website for more information as to disclaimers and information herein. I have taken no action on your problem other than to review your question nor have I given any legal advise. I want to confirm that no attorney-client relationship has been created between myself or our firm and you in connection with this matter, and that nothing in this response is legal advice to you. As you may know, the legislature and the courts can change the law in ways that may affect the strength of your case. In addition, the circumstances of your case may change. Because we do not represent you, we cannot keep track of, and inform you about, any change in the law. I must warn you that there are time limits for raising certain claims and defenses. Without taking more time to review your case, this firm nor its attorney (s) cannot properly advise about those deadlines. You may lose your claims and defenses if they are not filed in court within the time allowed. I would advise you to retain the services of an attorney as soon as possible.

Christopher Daniel Leroi

Christopher Daniel Leroi


Great advice. If you did not ask for the officer to appear, have your attorney subpoena the officer to appear and if he does not appear, the DMV case will get dismissed


You have a very good chance of having the charge reduced with the assistance of an attorney who practices regularly in the field. The officer's observation of you prior to the stop is a critical part of the case and needs to be explored thoroughly. An experienced DUI attorney can help you through the process.


The only chance you have of "winning" is by hiring an experienced DUI Defense Attorney. It seems as though you have several defenses that need to be explored and it would be in your best interested to hire an attorney. Make sure you request your EC Hearing with the DMV within 7 days or you will automatically be revoked on day 8.

The Orr Law Firm, L.L.C - 303-818-2448 - Is Colorado's Premier DUI and Criminal Traffic Defense Law Firm. Rhidian Orr is the senior partner and owner of the firm and focuses his practice exclusively to DUI and criminal traffic matters in the state of Colorado. His decision to answer your questions does not constitute an attorney/client relationship. The Orr Law Firm offers FREE Consultations and we encourage that you contact his firm to discuss your case in more detail.

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