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There are much better ways to spend Father’s Day than bailing out of jail for DUI


By John Buckley - June 21, 2016

A 21 year-old man was stopped by police late Saturday night when he was seen drag racing down a city street in western New York.  What was of particular interest was that his father was in the front seat with him.  Reports are unclear about the sobriety level of dad.  The son was charged with several crimes including driving under the influence, engaging in a speed contest, and refusing a roadside alcohol screener.

This roadside alcohol screener is also known as a portable breath test or preliminary breath test – PBT for short.  In Colorado, there is no additional charge for refusing this roadside test.  In fact, Colorado courts recognize that these devices are so scientifically unreliable that they are not admissible as evidence of intoxication in a jury trial.  Most Denver DUI attorneys will tell you to politely decline to take the PBT.  There is no consequence to doing so.  There is a potential consequence if you decline to take the official or evidential breath test or blood test when requested to do so by the arresting DUI officer.  If you decline the evidential breath or blood test, the Colorado DMV may suspend your driving privileges and require you to have an ignition interlock device installed in your car for two years.   The easiest way to distinguish between the two breath tests is that the PBT is a handheld device and the evidential breath test is conducted on an Intoxilyzer 9000 which is a desktop computer sized machine and will likely be done at the police station.

If you have been arrested and charged with a DUI in Denver, please consult with an attorney to discuss your rights.