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What happens if you refuse a chemical test?

On Behalf of | Sep 8, 2015 | Blood Alcohol Tests |

The last hot dogs have been downed, along with the final slices of watermelon. The Labor Day weekend is over and everyone has headed back to work and school. Some Denver residents might not be able to drive to the office or campus until Labor Day of 2016, however.

Those drivers who are asked by police officers to take a chemical test — and refuse — can lose their Colorado driver’s license for a full year for a violation of the state’s “express consent” law.

The Colorado Department of Revenue’s Division of Motor Vehicles says clearly on its website that the law “requires any driver to consent to a chemical test if a police officer has reasonable grounds to believe the person is driving under the influence.”

KDVR of Denver reports that you can see on your license that you have given consent to be tested. So if you refuse to abide by the law you agreed to when you took your driver’s test and got your license, the state hits back.

For some, refusal might be a wise decision. In certain situations, a test would be the only piece of evidence a prosecutor would have to prove a DUI charge. So depriving the prosecutor of that evidence could mean the suspect will not be convicted.

In other situations in which a suspect declines the test, they are convicted of DUI without that piece of evidence. By refusing the test, they might have then forfeited the option of having their attorney negotiate for a restricted license that would have allowed them to drive to and from work or school.

If you face a DUI charge after declining a chemical test, an experienced attorney can help you weigh your legal options and pursue for you a favorable outcome.