Chemical Tests And Refusals
When you are asked to take a Chemical Test of your Blood or Breath:The information below is for informational purposes only, this is not legal advice. You must make your own decision or hire a lawyer to advise you (before getting stopped). Under the Express Consent laws in Colorado you agree ahead of time when you obtain a Colorado driver’s license to submit to a chemical test of your blood or breath when asked by a law enforcement officer who suspects you are driving either under the influence of alcohol or a drug; or driving impaired by alcohol or a drug. There are three (3) things I would like to discuss about taking a chemical test:
- If the officer asks you to complete either a blood or breath test, and you comply, and the government is unable to conduct the test for whatever reason (i.e. the person drawing your blood cannot find a vein; the Intoxilyzer is not working, etc.) all through no fault of your own; then you can STOP. You have done your duty under the law.
- Often clients tell me that when the law enforcement officer explains Express Consent to them they get scared when the officer says that if the driver “Refuses” a chemical test, then his or her driver’s license will be revoked for a year. This scares the driver as they do not want to go a whole year without driving. Well, here is the rest of the story.
- Refusal. By refusing you do not hand over to the government evidence that they will use against you to prosecute you for DUI. What happens is most people seem to have a chemical test of .15 or higher. When your chemical test is .15 or higher, you must have the Interlock device in your vehicle for 24 months. If your chemical test result for alcohol is .149 or lower, then the minimum you have the Interlock is 4 months.