If you are arrested for driving under the influence, you will be asked to take to a breath or blood test. The purpose of the test is to analyze your blood alcohol concentration (BAC). If an officer believes you are under the influence of drugs, you will be asked to take a blood test. Refusing a chemical test may result in a driver’s license suspension.
Suspension lengths for chemical test refusals in Colorado are as follows:
First refusal, up to one year;
Second refusal, up to two years; and
Third or subsequent refusal, up to three years.
Unfortunately, you will not be able to talk to an attorney before choosing a test.
Choosing not to take a blood or breath test can be used against you later on in court. You cannot be forced to take a chemical test in most situations. However, an officer may forcibly restrain you to take a test in the event that your arrest should stem from an incident involving serious injury or death to any involved party.
Should I Refuse a Chemical Test?
It is rarely a good idea to refuse a chemical test. While the penalties for test refusal are less than that of a DUI conviction, refusing a test in no way guarantees you will not be found guilty of DUI. The state does not need explicit proof that your BAC exceeded the legal limit of 0.08% to secure your conviction. A test refusal will oftentimes only serve to worsen your situation. The prosecution will likely claim you refused the test because you knew you were intoxicated. For this reason, it is almost always wise to consent to a test and contact an attorney as soon as possible.
Should I refuse the handheld breathalyzer?
If you have not yet been arrested, you may refuse a handheld breathalyzer without penalty. Handheld breath tests and other standardized field sobriety tests (SFSTs) are completely optional. The field sobriety tests are conducted solely for the purpose of helping an officer gain enough probable cause to arrest you.
Powerful DUI Defense Lawyer in Denver
If you are facing a license suspension for a chemical test refusal in Denver, a skilled DUI defense attorney from Musell Law can contest your suspension and fight to protect your right to drive. Having earned national recognition on The National Trial Lawyers: Top 100 list and numerous positive client testimonials, we can provide the hard-hitting advocacy you need to help you get through this difficult time. Call (720) 722-3457 or schedule a free consultation.
