Colorado DUI Testing: Breath, blood and urine

DUI suspects in Colorado may be asked to submit to a chemical test of their blood or breath for the purpose of detecting the presence of alcohol and/or drugs in the suspect's system. If a police officer suspects that the DUI offender is impaired by drugs, then a chemical test of the blood or urine may be requested. Chemical testing typically must be obtained within two hours of driving. Which chemical test or tests that will be requested depends on the facts and circumstances of each individual case. In most cases, Colorado's DUI law allows persons over the age of 21 to choose which test they would like to take. For example, if a DUI suspect over the age of 21 wishes the test to be of his/her blood, then blood will be taken. If, however, the DUI suspect does not wish to submit to a blood test, than blood will not be drawn and instead a breath test will be administered. Persons under the age of 21 are permitted to request that the chemical test be of his/her blood, except in cases where the alleged violation is UDD. Minors under the age of 21 who are suspected of UDD will be given a breath test.

Under Colorado DUI law, once a person chooses which chemical test to take, they will not be allowed to change their mind. Failure to take and complete or to cooperate with the testing of their choice will be deemed a refusal to submit to testing. The penalties for refusing to submit to chemical testing are listed on the Colorado Driving Tab. In most cases, once a chemical test is refused, no test will be given. The police are normally prohibited from physically restraining a DUI suspect for the purpose of obtaining a breath, blood, saliva or urine sample. The only exception is when the police have probable cause to believe that the DUI suspect has committed criminally negligent homicide, vehicular homicide, 3rd degree assault, or vehicular assault. In such circumstances, even if the suspect refuses, a blood sample may be forcibily obtained.

Types of chemical testing used in Colorado DUI cases

PRELIMINARY BREATH TEST (PBT) - A PBT is a handheld breath testing device that is used on scene prior to a DUI suspect's arrest. A suspect may refuse to submit to a PBT unless they are under the age of 21. The purpose of the PBT is to help aide the officer in making his/her determination of whether probable causes exists to make an arrest and to request additional chemical testing. The results of a PBT or the fact that a suspect refused to submit to a PBT are not admissible in trial. The results of a PBT must be made available to the suspect or his attorney upon request.   

EVIDENTIARY BREATH TESTS - Evidentiary breath testing in Colorado DUI cases is performed on a machine called the Intoxilyzer 5000. Prior to testing, the DUI suspect must be observed for 20 minutes to ensure nothing is placed in the suspect's mouth that would interfere with the test result. The DUI suspect will then be asked to provide two breath samples into the machine. The machine will test for the presence of alcohol on the suspect's breath. Breath testing is not as reliable as blood testing. Problems with the machine's calibration and maintenance must be investigated. Failure to adhere to the proper procedures for testing and maintenance of the machine will compromise the reliability of the test and may help in the attempts to suppress the test result from coming into evidence at trial.

BLOOD TESTS - Under Colorado DUI law, people unable to take or complete a breath test as a result of injury, illness, disease, physical infirmity or physical incapacity will be give a blood test. Persons receiving medical treatment at a location where breath testing is unavailable will also only be offered a chemical test of their blood. Only a physician, registered nurse, paramedic, emergency medical technician or a person whose normal duties include withdrawing blood samples under the supervision of a physician or registered nurse is permitted to withdraw blood for the purpose of determining it's content of alcohol or drugs. Blood analysis will be performed on persons who are dead or unconscious to determine the presence of alcohol or drugs. Two tubes of blood will be drawn for testing purposes. One tube will be given to the DUI suspect for independent analysis and testing at a Health Department Certified Independent Laboratory of their choosing. Blood samples must be taken within 2 hours of the time the DUI suspect was last seen driving.

URINE TESTS - During Colorado DUI arrests, urine testing is only requested in cases where impairment by drugs or controlled substances is suspected. Urine testing is not as reliable as blood testing, but in cases where a DUI offender does not wish to submit to a blood test it is the only alternative test for detecting the presence of drugs. Procedures for collection and analysis must be complied with in order for the test results to be considered reliable. The admissibility of the test result may be questioned if the methods of collection and testing are not conducted in accordance with the rules and procedures regarding urine analysis.

We highly recommend that you consult with an experienced Colorado DUI lawyer to find out if the chemical testing done during your processing for impaired driving was done according to the law, and if there are any issues created by the testing method or application that may benefit your case.