COLORADO LAWYERS
Free Consultation (303) 818-2448
Experienced Defense for Test Refusal

Refusing a Chemical Test in Colorado

Protect Your Rights with a DUI Lawyer in Denver

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.

PROVEN DEFENSE BACKED BY RESULTS

Take a look at our case results!
  • Reduced to Wet Reckless Original Charge (DUI / Accident)
  • Case Dismissed Original Charge (DUI <.2 / Careless Causing Injury)
  • Not Guilty Original Charge (DUI)
  • Plead to Wet Reckless Original Charge (DUI)
  • Plead to Wet Reckless Original Charge (DUI)
  • Case Dismissed Original Charge (DUI)
  • Case Dismissed Original Charge (DUI)
  • Plead to Deferred Judgement for DWAI Original Charge (DUI)
  • Case Dismissed Original Charge (DUI)
  • Case Dismissed Original Charge (DUI/DUID)

What Our Clients Say

  • “The Orr Law Firm got this down to a careless driving charge and the other tickets were dropped. What's even better, this was before the day of the trial.”

    SATISFIED CLIENT; DUI CHARGE

  • “My case was resolved as fair as the circumstances allowed. I am very happy with the outcome of my case.”

    SATISFIED CLIENT; ADAMS COUNTY CARELESS DRIVING CAUSING BODILY INJURY

  • “Rhidian Orr kept his word and I was able to avoid 'straight' jail time.”

    SATISFIED CLIENT; BOULDER COUNTY DUI W/ 2 PRIORS

  • “Thank you for making my criminal case disappear.”

    SATISFIED CLIENT; LARIMER COUNTY DUI - DISMISSED

  • “Mr. Orr's professionalism puts him in a higher class than his peers in the courtroom.”

    SATISFIED CLIENT; BROOMFIELD COUNTY DUR W/ PRIORS

  • “Rhidian and his team saved my career and helped me tremendously during a dismal time.”

    SATISFIED CLIENT; DUI CHARGE

  • “Your performance in court was amazing; the end result surpassed all my expectations. My traffic violation has been removed and erased.”

    SATISFIED CLIENT; MUNICIPAL COURT TRAFFIC VIOLATION

  • “My husband and myself felt very supported navigating some scary waters and we had a better than expected outcome.”

    SATISFIED CLIENT; DUI CHARGE

  • “They calmed our fears completely.”

    SATISFIED CLIENT

  • “Mr. Orr and his entire staff have followed a very aggressive training program that puts them at the top of the class among DUI defenders.”

    SATISFIED CLIENT; DUI CHARGE

  • “Your quick and efficient dealings with the County District Attorney was a wonder to behold. By way of comparison, you managed to do in less than one hour what I had been trying to accomplish over the course of eight months and three court hearings.”

    SATISFIED CLIENT, ARAPAHOE COUNTY DUR

  • “They are all extremely helpful, knowledgeable, and totally in your corner.”

    SATISFIED CLIENT; ADAMS COUNTY DUI

  • “After waiting almost a year for my fate to vanish in front of me, I ended up with no jail time or loss of wages.”

    SATISFIED CLIENT; EAGLE COUNTY DUI W/ 4 PRIORS

  • “The outcome was more than we could have ever wished for.”

    SATISFIED CLIENT; JEFFERSON COUNTY DUI - W/ PRIOR

  • “After I chose The Orr Law Firm I felt immediately relieved....I had someone on my side and was fighting for me.”

    SATISFIED CLIENT; DENVER COUNTY TRAFFIC CASE

Contact Us For A Free Consultation

We are ready when you are. Fill out the following form or call us at (303) 818-2448 and our helpful team will return your inquiry shortly.
  • Please enter your first name.
  • Please enter your last name.
  • This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.