What Happens If You Refuse a DUI Test in Colorado?
Field sobriety tests are technically voluntary. You have the right to politely decline an officer’s command or request that you take a preliminary breathalyzer test, or PBT, on the side of the road. Roadside tests cannot be used against you in court, but tabletop test results are admissible. In fact, if you refuse a breath or blood test at the station a jury will typically assume you had something to hide and will not look favorably on your case.
What is Colorado Express Consent Law?
Drivers have the right to not incriminate themselves if they are suspected of driving under the influence. The DMV has the right to suspend your license in Colorado for 12 months if you refuse to be tested. Colorado Express Consent Law considers drivers to be automatically consented to both blood and breath tests if they are operating a vehicle in the state. Drivers may choose which test they would like to submit to.
Legal Consequences of Refusing Blood Alcohol Tests
If you have been arrested on suspected DUI charges in Colorado there are quite a few consequences the police can impose if you refuse to comply with a blood or breath test:
- They may apply for a warrant to grant a forced blood draw to test your blood alcohol level.
- Your license will be confiscated immediately, and you will be given an express consent affidavit along with a notice of revocation even if your charges do get dropped.
- You will be required to carry SR-22 insurance for a minimum of one year. That bumps up to three years if you have a prior test refusal or DUI conviction.
- You will have to enroll in and complete a substance abuse treatment program.
- Your refusal will designate you a persistent drunk driver or PDD despite never having been arrested before.
- Your refusal of a chemical test will be admissible in court if your case goes to trial.
Should I Consent to a Blood or Breath BAC Test?
It is important to note that blood tests are more accurate than breath tests. If the arresting officer is suspicious that you may be under the influence of more than just alcohol you will be required to undergo a blood test. Breath tests do not detect legally prescribed or recreational drugs – only a blood test can. The breath BAC test is less invasive because it does not require a needle or blood draw, but the blood BAC test could potentially assist in defending a criminal case, as these tests are more accurate. You will get to keep your license until the results come back as long as you voluntarily complied with the blood test. Your Breckenridge DUI defense attorney can also submit your blood sample to an independent testing lab outside of the department.
What Do I Do After Being Arrested for DUI?
You have rights, including the right to remain silent and wait to speak until you’ve met with your DUI attorney. Contact DMV hearing lawyers in Breckenridge immediately for the best legal advice. We don’t just work for our clients between the hours of 9 and 5 – we work long hours to craft a compelling defense. Whitaker & Penix, LLC, has the knowledge and experience to handle your Colorado DUI case with energy, focus, and honesty. Give us a call for a free consultation at (970) 368-0602.