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Should I Refuse a Breath Test?

Should I Refuse a Breath Test?

As you are driving, you notice flashing blue and red lights in the rearview mirror and immediately pull over. After checking your license and registration, the police officer asks you to perform either a preliminary breath test or a field sobriety test.

What should you do? What are the consequences if you do or don’t?

Expressed Consent Law in Colorado

According to Colorado’s “expressed consent” law, you automatically consent to take a chemical test if you are lawfully arrested by a police officer. A lawful arrest is one where the officer has probable cause to believe that you have been driving under the influence of alcohol or drugs.

Consequences for DUI chemical test refusal in Colorado include:

  • License suspension for up to one year for a first-time offense
  • Designation as a Colorado “persistent drunk driver” (PPD)
  • A mandatory alcohol and drug education and treatment program
  • An ignition interlock device on your vehicle for at least one year following restoration of driving privileges
  • Carry SR-22 insurance

Furthermore, if your DUI case goes to trial, your refusal to take a chemical test can be used against you in court.

What About the Preliminary Breath Test?

When a police officer pulls you over, he or she may ask you to take a preliminary breath test to determine your BAC level. Legally, you have the right to decline taking this preliminary breath test—or any field sobriety test—without being penalized.

Field sobriety tests and the preliminary breathalyzer test are used by officers to determine whether there is probable cause to arrest you. If you end up being arrested, you will be asked to take an evidentiary blood or breath tests, typically at the police station.

Arrested for a DUI? Let Our Denver DUI Attorneys Help You Today

If you refused a DUI chemical test in Colorado, do not risk losing your license without putting up a fight. Our Denver DUI lawyers at The Orr Law Firm can do whatever it takes to get your driving privileges back and get your life back to normal.

Contact us and request a free consultation immediately.