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Do I have to consent to a breath test if stopped for DUI?

Many drivers are unsure of what their rights are when it comes to DUI traffic stops. Breath tests and other blood-alcohol tests in particular cause a lot of confusion. Do you have to take a breath, blood or urine test just because a police officer tells you to? What happens if you say "no"? 

Because many DUI cases hinge on blood-alcohol content test results, it is important to know what the rules are in Colorado. Although other factors can play a major role in a DUI case, refusing to take a blood-alcohol test can have some negative consequences.

In Colorado, we have what is known as an Express Consent Law. Under this law, anyone who drives in the state automatically consents to chemical blood-alcohol tests in the event they are pulled over for drunk driving. If you refuse to consent to a urine, blood or breath test, your license will be revoked for a year starting immediately. 

Although this law may seem unfair, it is important to remember that the accuracy of these tests can be challenged. Breath tests machines are not fool proof, and the people who analyze blood and urine tests are not infallible. An experienced attorney can help you search for and expose errors that may have negatively impacted your test results. If a lab technician made a mistake or a breath test machine was not calibrated, your test results could be rendered invalid. 

While none of the information we have provided in this post should be taken as legal advice, we do hope it gives you a better understanding of the blood-alcohol content laws in Colorado. If you are ever charged with drunk driving, an experienced DUI lawyer can help protect your rights and further explain your options.

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