Urine Analysis (BAC Test)
In Colorado, Urine tests are generally used for those suspected of driving under the influence of drugs, such as prescription medication, narcotics, etc. Urine tests are infrequent and are used to prove past consumption, not current impairment. Suppose an officer has probable cause to suspect that the individual was driving under the influence of drugs.
In that case, the officer can order a urine test, which should be administered within two hours of the arrest. An order for a urine test can also occur when someone is suspected of driving while ability impaired, meaning the person cannot safely drive, which shows that urine tests are not only used for drug offenses.
Denver Urine Analysis Lawyer
If you were arrested for drunk or drugged driving in Colorado after submitting to a urine test, it is in your best interest to contact Law Office of Matthew A. Martin, P.C. as soon as possible. Having a DUI conviction on your criminal record can drastically hinder your personal and professional goals. You could have issues obtaining housing, employment, or educational opportunities. To have Law Office of Matthew A. Martin, P.C. advocate aggressively on your behalf, call (303) 725-0017 today.
Law Office of Matthew A. Martin, P.C. serves clients in Denver, CO including Boulder, Aurora, Westminster, Louisville, Englewood, Greeley, Parker, Castle Rock. Your future is at stake. Call (303) 725-0017 to secure a free consultation with Law Office of Matthew A. Martin, P.C. today.
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Penalties for Urine Analysis Refusal
There are a number of penalties depending on whether someone refused to take the urine test or accepted it and showed past consumption. The penalty for refusing to take the urine test will usually result in the Colorado Division of Motor Vehicles revoking the offender’s driving privileges for the following periods:
- First Refusal: One-Year License Revocation
- Second Refusal: Two-Year License Revocation
- Third Refusal: Three-Year License Revocation
The decision can be appealed at an administrative hearing if the DMV revokes someone’s license for refusing to take a urine test. Additionally, once two months have passed since someone’s license was revoked, they will become eligible for a restricted license. A restricted license generally requires a driver to install an ignition interlock device, meaning they will have to pass a breathalyzer before their car starts.
Another consequence of refusing to take a urine test is that a prosecutor may use the defendant’s refusal as evidence in the driving under the influence case. Colorado generally allows this, so prosecutors have a reason why they do not have a test showing the number of drugs or alcohol in the driver’s system. A refusal can be used to argue that the driver refused to provide the urine test because they were trying to conceal their intoxication.
On the other hand, if a driver consents to a urine test and it is found positive, the punishment can vary depending on whether it was the defendant’s first-time driving under the influence.
- First Driving While Ability Impaired Conviction: The first conviction will result in jail time of 2 to 180 days, a fine between $200 and $500, 24 to 48 of community service, and 8 DMV points placed against the defendant’s license.
- Second Driving While Ability Impaired Conviction: The second conviction will result in 10 days to 1 year in jail, $600 to $1,500 in fines, 48 to 120 hours of community service, and 8 DMV points placed against the individual’s license.
- Third Driving While Ability Impaired Conviction: The third conviction of driving while ability is impaired may result in 60 days to 1 year in jail, $600 to $1,500 in fines, 48 to 120 hours of community service, and 8 DMV points placed against the person’s license.
In Colorado, the DMV follows a point system, meaning that if the maximum number of points are assessed against someone’s license within a specific duration or within the life of a license, an individual’s license will be suspended. Individuals above the age of 21 can accumulate 12 points in a 12-month period or 18 points in a 24-month period. Once someone reaches the maximum number of points in the given period, the DMV will send a letter notifying the driver of their point hearing. If the offender does not appear at the hearing, their license will be automatically suspended for one year.
Defenses for Urine Analysis Refusal in CO
There are a number of defenses that can be used by alleged offenders of driving under the influence when they refuse to take a urine test or that the test was positive:
- There was no reasonable basis for the traffic stop.
- The substance the person tested positive for is not illegal in the state of Colorado.
- The arrest was not lawful.
- The test was not taken within two hours of the traffic stop.
- There were errors in labeling or record keeping.
- There is sufficient evidence of the suspect’s sobriety to cause doubt about the accuracy of the test results.
- The suspect had consumed the drug in the past, but not on the day they were accused of driving under the influence.
Additional Resources
Colorado Department of Revenue – Division of Motor Services: The Colorado DMV provides more information regarding licensing and the point system.
Colorado Driving Under the Influence of Drugs Statute: The Colorado Legal Resources website provides more information concerning the drugs considered illegal to drive under the influence of, along with more information on penalties.
Colorado Urine Analysis Attorney | Denver, CO
If you have been charged with a drunk driving offense, it is important you begin building a defense to the charges early. Your future and reputation are important, and Colorado DUI defense attorney Matthew Martin at Law Office of Matthew A. Martin, P.C. can help you protect both.
Your case will be treated with the utmost importance. Call (303) 725-0017 to secure a free consultation with Law Office of Matthew A. Martin, P.C. today and speak with Mr. Martin about your legal options. Law Office of Matthew A. Martin, P.C. accepts clients throughout the greater Denver area including Douglas County, Jefferson County, Adams County, Arapahoe County, and Broomfield County.