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Is refusal of roadside test, breathalyzer, and giving blood going to help me with the criminal charge DUI?

Denver, CO |

I was leaving downtown Denver and was pulled over for speeding (54 in a 35). When asked out of the car and asked to do roadside test and breathalyzer I refused, including giving blood. Will this give me any shot of a reduced charge, ie wreckless driving? I was never in front of the officers dashcam during this, yet in his paperwork he stated that I was swaying and my eyes were red and watery, with slurred speech. Do they have to have evidence of intoxication for a DUI charge? If so, how would they get it with no weaving or BAC?

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Attorney answers 6

Best Answer

The officer in this case is an eye witness to all the behavior that you describe. The police officer will be able to testify that he saw you weaving, that you were unsteady on your feet, had watery eyes, and slurred speech. In a case like this a jury's decision will rely upon whether the police officer's testimony is perceived as trustworthy and credible. It is true that they do not have a chemical test to use against you, but this eye witness testimony may be enough to convict you of DUI.

These statements do not constitute legal advice. They are meant to be general in nature, for any specific legal questions you should always seek the counsel of an experienced attorney.


Did you never give blood or breath? That may create more issues for you in the end. Hire an attorney.
Robert Driessen

Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney client relationship. If you would like to hire Mr. Driessen, feel free to contact him at


I agree with attorney Hebets - while the state's case would be stronger with a failed field sobriety test or breath/blood test results indicating a blood alcohol level above the state limit, a jury could convict on the basis of the officers observations. The officer appears to have seem something that led him to believe that this was more than just speeding; he even included observations in his police reports that seem consistent with a person under the influence of alcohol.

Contact an experienced criminal defense attorney in your area familiar with DUI defense. Most will offer free initial consultations.


Get a DUI lawyer if you want to have the best chance of either reducing your charge by plea or at trial. They have no dash cameras. Negotiating or trying this case by yourself is a recipe for any easy conviction for the DA.
Look at the various DUI lawyers on this site and find one you like and can afford and start defending yourself.
Good luck to you.


You are correct that they have no test, no video evidence, no roadsides and no other inforamtion other than the officer's observations regarding your impairment. However, they can and will use the refusal against you at trial as an indicator of guilt. Denver PD does not have dash cameras, but they do have cameras within the jail.

You need to consider hiring an experienced DUI attorney to fight this case and prepare a defense for you. Representing yourself is a bad idea, even attorneys do not represent themselves in criminal cases (or they shouldn't). Mr. Hebets is a great attorney and I would recommend contacting him for a consultation.

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.


Your refusal to engage in roadside tests cannot be used against you at trial. However, if the court finds that the officer did have probably cause to believe that you were impaired by or under the influence of alcohol, your refusal to submit to a breath (at the police station, not the roadside test) or blood test may be used as evidence against you.

You need competent representation in this case. This answer is provided as general information about a legal issue, is not legal advice specific to a particular case, and does not create a lawyer-client relationship with the person asking the question.

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