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- posted: Jul. 15, 2022
- DUI/DWI
Anyone driving a motor vehicle in Colorado is deemed by law to have consented to submit to a blood or breath test when requested by a police officer based on suspicion of drunk or impaired driving. This law is known as the “express consent” statute. Although there are often serious consequences for refusing to take a test, you may have a right to refuse depending on when the officer’s request is made.
Once you are stopped, the police officer can ask you to consent to a preliminary screening by use of a breathalyzer or other device. The purpose of the screening is to determine if there is probable cause for charging you with drunk or impaired driving. You need not consent to the screening and a refusal carries no penalty. However, if you refuse the screening, you will likely be taken to a police station to be given a chemical blood or alcohol test, which you are required by law to take.
If you refuse mandatory chemical testing, certain penalties are triggered automatically, and they include:
- Suspension — Your driver’s license will be suspended. The license suspension lasts for one year for a first offense. Note that after two months, you may apply for reinstatement of the license after a hearing on the matter. Whether the state grants or denies reinstatement is contingent upon a variety of factors and the circumstances of each case.
- Designation — You will be put on the state’s “Persistent Drunk Driver” list, even for a first offense. The consequences of this designation are that your license will be revoked until you complete an alcohol and drug treatment course, purchase supplemental liability insurance at considerable expense and install a breath analyzer ignition interlock device on your vehicle for up to two years after license reinstatement. The device is a breathalyzer test that is wired directly into a vehicle’s electrical system. The owner must pass a breathalyzer test for the car to start.
- Possible DUI charge — In addition to the automatic penalties for refusing to take a chemical test, the state can still pursue DUI charges against you based on other evidence. A conviction can carry a fine, a jail sentence and other penalties.
Anyone who has been charged with DUI or a related offense should immediately consult with a DUI/DWAI attorney to best protect their rights and other important interests.
Located in Boulder, Polansky Law is one of Colorado’s premier criminal defense firms. A charge or conviction of Driving Under the Influence (DUI) can have significant long term legal and financial ramifications for the driver. To speak with one of our attorneys, please contact us or call 303-415-2583 for an initial consultation.
