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Breath Test Refusal Archives

Express consent: succinctly stated, yet not always crystal clear

The Colorado Supreme Court recently issued appellate rulings in three different DUI-related cases involving blood and breath testing, with a specific focus being upon the state's express consent law.

On expressed consent, and why you shouldn't refuse a breath test

Many people may wonder why those who are accused of a drunk driving offense accept a breath test when the police request it. "If you just refuse the breath test, then you deprive the police of a crucial piece of evidence," you may think. While that may seem to be the way it is, the reality is that refusing a breath test is actually forbidden. You still have the freedom to refuse it, but sometimes the freedom to make certain choices comes at a cost. And in the case of refusing a breath test, in the state of Colorado it means a one-year suspension of your driver's license.

For those accused of a DUI: get legal help

Imagine for a moment that you go out to a restaurant to celebrate a friend's birthday, or a coworker's promotion, or just to have a fun time with family. At this event, you decide to have a few alcoholic drinks, and as such, your blood alcohol content is above the legal limit of 0.08. But you don't know that at the time -- and maybe in the spirit of the evening or even with all of the positive vibes you are feeling, you don't even care. This is a mistake to be sure, but it's a choice you make anyway.

If you refuse a breath test, what will happen?

Some people may think that an ingenious strategy to avoid giving a police officer your blood alcohol levels is to refuse the breath test. Such a simple denial must be a good strategy for getting off the hook of a DUI, right? Well, actually, that isn't the case. Sure, you can refuse the breath test if you want to -- but that doesn't mean it's a good idea.

Near-future cars won't let you drive drunk?

There was at one time a public service ad campaign with a memorable tagline: "friends don't let friends drive drunk." In the near future, a car might be a sort of friend to many people by showing them movies, playing favorite songs, checking on traffic and weather reports and by not allowing them to drive while impaired by alcohol.

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"? 

One mistake after another

Denver's CBS TV affiliate reports that a man visiting a famous Colorado skiing area has been accused of mistaking a silver Jeep Cherokee for a silver Ford Escape. That was the first in a string of mistakes by the man, according to Steamboat Springs police.

Ignition interlock: under which conditions?

In its own way, the ignition interlock device operates contrary to one of the guiding principles of the American justice system. By making DUI offenders prove that they have not had any alcohol to drink before operating their vehicles, the sophisticated electronic devices diverge from the presumption of innocence that is a legal cornerstone.