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- posted: Mar. 06, 2023
- DUI/DWI
Getting pulled over by the police is a nerve-wracking experience that many people have gone through at least once in their lives, and it's understandable to feel scared when this occurs. So, what do you do when the officer asks if you've been drinking and if you're willing to take a breathalyzer test? It’s important to know your rights and what to do next.
When pulled over by an officer, you are legally required to provide your license and registration. This is the minimum information that an officer needs to conduct a traffic stop.
If the officer suspects that you are under the influence of drugs or alcohol, they may ask you to take a preliminary breath test on a handheld device. This is used to establish probable cause for an arrest. You have the right to decline this test if you wish.
However, you may still be arrested. Once in police custody, under the Colorado Express Consent Law, all drivers automatically consent to perform any post-arrest chemical tests, such as breathalyzers. It is a civil infraction (not a criminal offense) to refuse a post-arrest chemical test, and there could be significant penalties, including the following:
- License revocation — One of the most significant consequences of refusing a chemical test is the revocation of your driver’s license. For your first offense, you can expect a one-year license revocation, while a second refusal following a subsequent arrest can result in a two-year revocation.
- Installation of an ignition interlock device — You may be required to install an ignition interlock device in order to get a restricted license that allows you to drive to and from work and appointments, and keep it for up to two years after you get your license back.
- Refusal can be used against you — Your refusal can be presented as evidence against you if your case goes to trial. Additionally, if you are convicted of a DUI, the state may designate you as a persistent drunk driver, which can carry additional consequences and penalties.
- Mandatory DUI classes — Mandatory participation in DUI classes is another potential consequence of refusing a post-arrest chemical test.
If you’ve been arrested for a DUI in Colorado and are facing consequences for refusing a post-arrest chemical test, a DUI lawyer from Polansky Law Firm can help you navigate the complex legal process and build a strong defense on your behalf. Contact us at 303-415-2583 or contact us online to schedule your initial consultation today.