Should I refuse the Breathalyzer in Colorado?
You can refuse testing via Breathalyzer in Colorado if you are suspected of drunken driving, and choose instead, to submit to chemical testing with a blood sample. As a matter of legal procedure, a drunken driving suspect must do one or the other, if they wish to avoid a suspension of their driving privileges, whether they are actually intoxicated or not.
If you have refused a Breathalyzer in Colorado, call 303-725-0017 now
We offer free case evaluations and may be able to help you keep your license!
Every DUI or DWAI charge must be supported with valid evidence, and, when it comes to drunken driving charges, the most pivotal evidence is that which is obtained from blood alcohol testing from either a Breathalyzer or an extraction of blood. Without an accurate measurement of precisely how much alcohol was in the suspected driver’s system, there is no way of proving that they were driving over the legal limit of 0.08 percent BAC.
Refusing a blood test or Breathalyzer in Colorado does not mean that you are depriving the prosecutor’s office of the necessary evidence that they will need to pursue charges. A refusal to submit to testing does not create a legal loophole, and it does not give you a one up in the courtroom. Instead, it does quite the opposite and automatically sets the wheels into motion that will cause you to lose your license for a full year – unless you request an administrative hearing and convince the Department of Motor Vehicles to reconsider you suspension.
Administrative hearings can be helpful, with the right level of legal expertise. Suspected DUI and DWAI drivers are not required to have legal counsel present for their administrative hearings. However, if you know that you do not have a full understanding of the DUI laws of Colorado, and you are unaware of the full range of legal defenses that may be available to you, it would be most advisable to seek legal counsel.
Refusing a Breathalyzer in Colorado – or a blood test – if you are visiting from out of state will have an effect upon your driving privileges in your home state. The Driver’s License Agreement (DLC) and Nonresident Violator Compact (NRVC), provided by the American Association for Motor Vehicles Administration, has diminished the gap and extended the reach of the law insofar as serious driving offenses are concerned.
Understanding that Colorado is a top vacation destination, it is important to know how the laws apply to tourists and visitors. Of the 50 state, only two have not adopted one or both of these strategic methods of bringing consequences to drivers who commit moving violations such as reckless driving, drunken driving and vehicular manslaughter out of state, and those are Michigan and Wisconsin.
Refusing a Breathalyzer in Colorado – or a blood test – to confirm your blood alcohol level is a serious offense that can result in a year’s worth of revoked driving privileges, even if you are from out of state. In accordance with the DLC and NRVC, drivers charged with out of state violations can be penalized in their home state just as if the offense had occurred in their own hometown.
If you or a loved one has been arrested on DUI or DWAI charges in the State of Colorado and refused to submit to chemical testing, get in touch with a drunken driving defense attorney to discuss the details of your case. You may have a fighting chance to save your license.
Call now for DUI attorney at 303-725-0017
I offer free consultations
Attorney Matt Martin represents clients who have refused blood alcohol testing via Breathalyzer in Colorado including Denver, Castle Rock, Highlands Ranch, Parker, Golden, Centennial, Brighton, Broomfield, and Kiowa.