In addition to negatively impacting your driving record and disrupting your daily driving routine, your refusal to take a breathalyzer test will be considered proof of your guilt. Once this happens, it can be extremely difficult to escape this stigma. I, Christian Schwaner, am a former special prosecutor and deputy prosecutor who used my extensive knowledge of the justice system to defend Colorado residents charged with drunk driving and other crimes. I have spent over 20 years helping people like you, and I am ready to help you with your drunk driving case. To learn more about my legal services for accused of impaired driving, call (719) 577-9700 or visit my contact page. If you refuse a breathalyzer test, you will be called a «persistent drunk driver». This surprises some Colorado residents, especially those who have moved from a state where denying a breathalyzer test doesn`t result in that designation. A breathalyzer test is given after a law enforcement officer stops you and suspects you have been drinking. Usually, the officer will first perform roadside sobriety (FST) tests, and then, if they think you are under the influence of alcohol, they will ask you if you want to take a breath test.
The test must be done in a safe place such as a police station. Stubborn drunk drivers, commonly known as DPs, must have a locking device on their vehicle for at least 2 years as a mandatory condition to reinstate the driver`s license. In addition to the lockdown requirement, the legal classification as a DP requires that you undergo alcohol education and therapy Level II and maintain special insurance (SR22) for at least 2 years and often 3 years as a mandatory reinstatement period. You can and will be classified as a persistent drunk driver, even if this is your first offense, if: you refuse to take a test or if your blood alcohol level is ≥.150. In other words, a police officer can ask you to take a breathalyzer test even if you have not been arrested. You are not required to pass a breathalyzer test prior to arrest. In fact, you can refuse to take a field sobriety test without punishment, as long as you haven`t been arrested. In addition to avoiding the above consequences, you could help your case of drunk driving by taking a breathalyzer test.
Here are some ways a breathalyzer test may benefit you: Express consent laws do not apply to roadside field sobriety tests performed by a police officer. These tests are not chemical tests and are performed by law enforcement officers to understand if a person is over the legal limit and driving a vehicle under the influence of alcohol or drugs. Rejecting a breathalyzer test in Colorado is one of the biggest mistakes you can make when you`re stopped for drunk driving. While some drivers refuse a breathalyzer test simply because they are afraid of testing positive, others refuse the test without knowing that their decision could have serious negative effects on their case. Below is an overview of what happens if you refuse a breathalyzer test in Colorado and some important reasons why you should always stick to officials asking you to take the test. In Colorado, a preliminary breathalyzer test is a portable roadside breathalyzer test administered to motorists suspected of drunk driving. Drivers are not required to undergo this test and it can be used as evidence against them in court. Most advocates advise that a person politely refuses to blow into the device. Since many people are unaware of the dangers (and legal consequences) of driving after consuming small amounts of alcohol themselves, the message is simple: if you`ve been drinking, don`t drive.
The state is not required to prove that a UDD defendant has been weakened in any way. Simply crossing the legal blood alcohol limit renders the defendant guilty of the DUD. UDDs, also known as the «DUI baby,» are part of Colorado`s «zero tolerance» policy for underage drunk driving. Under Colorado`s drinking and driving law, an officer must administer a liquor dispenser within two hours of driving a vehicle. If it takes more than two hours to administer the breathalyzer, the results in your case cannot usually be used against you. At South Denver Law, our defense attorneys have extensive experience handling chemical denial cases and breath testing. If you or your loved ones have been arrested for impaired driving while refusing to take a breathalyzer test, we can help. If you are stopped by the police and they suspect you have been drinking, they may ask you to take a preliminary field sobriety test or breath test. Field sobriety tests include tasks such as asking you to walk in a straight line from heel to toe, making you walk backwards in the same way, asking you to stand on one leg, having the alphabet recited forward or backward, etc.
The police may also ask you to blow into a breathalyzer test. Under Colorado law (Colo. Rev. Stat. § 42-4-1301.1), all drivers automatically give their «express consent» to undergo a chemical test — possibly including a breathalyzer test — after an arrest for drunk driving. In other words, if you were stopped for drunk driving in Colorado, you`ll have to take a breath test. If you refuse, you will be automatically punished. For many people, avoiding the term «persistent drunk driver» is reason enough to take a breathalyzer test. But there are other unpleasant consequences to rejecting a breathalyzer test. Here are some of the things that can happen to you if you refuse this test: Some people mistake a preliminary breath test, or PBT, for a breathalyzer test that determines your actual blood alcohol level. A PBT is a small, portable device that law enforcement officers use to measure the amount of alcohol in a person`s breath as a temporary measure. The results obtained from this handheld device on the side of the road are NOT admissible in court.
Since you are not required to take a preliminary breathalyzer test, there is no penalty for refusal. In addition, a refusal prior to arrest cannot be used as evidence against you in a later case of impaired driving. Apart from that, refusal to inject a breathalyzer test after an arrest is punishable. There`s another important thing to keep in mind when it comes to drunk driving tests and convictions in Colorado. If you undergo a chemical test for drunk driving and your blood alcohol level is above 0.08%, you are automatically guilty of impaired driving itself for driving above the legal limit. However, you can still be convicted of impaired driving even if you were below the limit due to other factors. A study conducted by CDOT of people who received a breathalyzer test on a smartphone to see their blood alcohol level while drinking often underestimated their degree of impairment. They also did not know that they could be arrested for drunk driving with a blood alcohol level below 08. The CDOT breathalyzer research report can be found here. At Miller Leonard PC, our Denver Drunk Driving lawyer has extensive experience dealing with breath test refusal.
If you or your loved one has been arrested and refused a breathalyzer test, we can help.