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Experienced Defense for Test Refusal

Refusing a Chemical Test in Colorado

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42-4-1301. Driving While Impaired - Definitions

(6)(d) If a person refuses to take or to complete, or to cooperate with the completing of, any test or tests as provided in section 42-4-1301.1 and such person subsequently stands trial for DUI or DWAI, the refusal to take or to complete, or to cooperate with the completing of, any test or tests shall be admissible into evidence at the trial, and a person may not claim the privilege against self-incrimination with regard to admission of refusal to take, to complete, or to cooperate with the completing of, any test or tests.

Penalties for Refusing a Chemical Test

Refusing to submit to a chemical test also results in a stiffer penalty at the DMV if administratively convicted. Refusals carry a minimum mandatory one year revocation of driving privileges. If you refused a chemical test, you must request your Express Consent hearing within seven days of the offense in order to preserve your right to a hearing. If you fail to request your EC hearing within seven days, your license will be automatically revoked for no less than one year and designated a Persistent Drunk Driver by statute.

(68.5) (a) "Persistent drunk driver" means any person who:

  • (I) Has been convicted of or had his or her driver's license revoked for two or more alcohol-related driving violations;
  • (II) Continues to drive after a driver's license or driving privilege restraint has been imposed for one or more alcohol-related driving offenses;
  • (III) Drives a motor vehicle while the amount of alcohol in such person's blood, as shown by analysis of the person's blood or breath, was 0.15 or more grams of alcohol per one hundred milliliters of blood or 0.15 or more grams of alcohol per two hundred ten liters of breath at the time of driving or within two hours after driving; or
  • (IV) Refuses to take or complete, or to cooperate in the completing of, a test of his or her blood, breath, saliva, or urine as required by section 18-3-106 (4) or 18-3-205 (4), C.R.S., or section 42-4-1301.1 (2).

(b) Nothing in this subsection (68.5) shall be interpreted to affect the penalties imposed under this title for multiple alcohol- or drug-related driving offenses, including, but not limited to, penalties imposed for violations under sections 42-2-125 (1) (g) and (1) (i) and 42-2-202 (2).

Refusal cases are often more difficult for the prosecution as they do not have a chemical test result upon which to rely. Thus, the penalties tend to be more severe for refusing as the State wants you to submit to a chemical test. The State will rely upon driving pattern, indicia of impairment, performance on Standardized Field Sobriety Tests and voluntary statements made by the defendant.

Call The Orr Law Firm at (303) 818-2448 Today

Because of the severe penalties both in the criminal case and in the administrative case as they are associated with DUI and refusing a chemical test, you should consult with a Colorado DUI lawyer immediately to protect and preserve your rights.

Call (303) 818-2448 today to set up a complimentary consultation with our firm.

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