The police stop you and ask you to take a breathalyzer test. What are your rights in Colorado? Can you refuse to take the test, and what are the legal implications of doing so?
Refusal to take a test has legal repercussions
Colorado, like many states, has an “express consent” law. This law states that by driving on Colorado roads, you automatically agree to chemical testing if law enforcement suspects you of driving under the influence. The tests can include breath, blood, or urine analysis.
Technically, you can refuse a breathalyzer test, but it is important to know the consequences:
- Immediate license suspension for one year
- Designation as a “persistent drunk driver
- Mandatory ignition interlock device for two years
- Possible use of refusal as evidence in court
- Increased penalties if convicted of DUI
Refusing the test does not warrant that you will avoid a DUI conviction. The prosecution can still use other evidence, such as field sobriety tests or officer observations, to build a case against you.
It is also worth noting that under Colorado law, officers can secure a warrant for a blood test if you decline to take a breathalyzer. In some cases, they may even use reasonable force to obtain a blood sample.
A DUI charge is not the end of the road
Always consider seeking the help of an experienced DUI attorney. A legal professional who knows Colorado’s DUI laws inside and out can help you understand the legal process, explore your options and work towards the best possible outcome.