Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Colorado DUI Laws to learn more.
Colorado DUI
Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Colorado DUI Laws to learn more.
Colorado In-Depth
It is normal to be frightened and overwhelmed following an arrest. Therefore our lawyers are devoted to demystifying major topics in Colorado criminal defense law.
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Refusing to take an evidentiary breath or blood test following a Colorado DUI arrest triggers a mandatory driver’s license revocation of:
It does not matter how much time has elapsed between refusals. A successive violation will always carry a stiffer penalty than the prior one.1
If your license is revoked due to a DUI test refusal in Colorado, you should be eligible for a restricted license two months into your revocation period. Though you would need to keep an ignition interlock breathalyzer device in your vehicles for the following two years.
Note that if you were under 21 years old at the time of the refusal, you cannot apply for an interlock restricted license for a full year.2
To apply for a restricted license, you will need to:
Getting an ignition interlock device installed in one vehicle costs up to $200, and monthly maintenance can run as high as $90.3
Yes. If you refuse to take a chemical test following a Colorado DUI arrest, the police will apply for a warrant and force you to submit to a blood draw. If you resist, this could involve tying you down while the phlebotomist takes the sample.
Secondly, the Colorado Department of Revenue will designate you as a persistent drunk driver (PDD) – even if you have no prior drunk driving convictions.
Finally, if your DUI case goes to trial, the prosecutors can use the fact that you refused the chemical test as evidence of your guilt. In other words, they can argue that you only refused the test because you were concerned the results would show you were driving under the influence of drugs or alcohol.4
Yes. Any time the Colorado DMV revokes your license for an alleged chemical test refusal, you can request a DMV hearing to contest the revocation.
A DMV hearing is an administrative trial where you or your attorney can present evidence and witnesses to show that the officer was wrong and that you never refused to take the breath or blood test. Note, however, that DMV hearings are difficult to win because the state has a very low burden of proof (unlike with criminal trials).5
Refusing a PBT does not trigger a license revocation in Colorado unless you are under 21.
No, you will not lose your license for refusing to take a preliminary breath test in Colorado unless
Unlike with chemical breath and blood tests, Colorado has no “express consent” law requiring DUI suspects to take a preliminary breath test (unless you are underage). Preliminary breath tests are merely investigative tools police use to determine whether to arrest you for DUI.6
Michael Becker has over a quarter-century's worth of experience as an attorney and more than 100 trials under his belt. He is a sought-after legal commentator and is licensed to practice law in Colorado, Nevada, California, and Florida.