DUI Refusal Cases

DUI Refusal Cases

If you are pulled over by a police officer, with probable cause, it is likely that you will be asked to take a breath, blood or urine test. For driver’s that seem to driving with alcohol in their system, they will be asked to take a breath or blood test. For driver’s that seem to have drugs or marijuana in their system, a urine test will be requested. If a driver refuses to take a test of any sort, when an officer has probable cause for believing they are driving under the influence, it can cause major repercussions.

You are required to take a test in Colorado if you have been arrested for a DUI or DWAI. The type of test you take is up to you, however once you choose which test you would like to take, you have to stick with it. In some cases, the preferred choice of testing may be unavailable. For example, malfunctioning equipment or high call volume. Refusing to take a test, however, is not in a convicted person’s best interest.

The state of Colorado will suspend your license for refusing a test. Alternatively, if you have injured or killed anyone in the process of your arrest due to driving while intoxicated or impaired, then an officer has the right to physically restrain you in order to take a test.

Penalties for Refusing to take a Blood or Breath Test

Case penalties will depend on many factors. Below is a general outline of possible penalties.

First Offense

  • 1 year license suspension

Second Offense

  • 2 year license suspension
  • Possible early reinstatement after 1 year

Third Offense

  • 3 year license suspension
  • Possible early reinstatement after 1 year
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Oftentimes in the moment, people believe that stalling or refusing a blood, breath or urine test will help their case. This is often not true at all. If a person refuses to take a test of any kind, it will be used against them. A common offense is that a person would only refuse a test because they knew they were far over the legal limit.

DUI convictions are serious business. They can have life-altering consequences and severely affect one’s personal and work life. If you have refused a test in Colorado, it is in your best interest to seek the representation of an experienced, professional attorney. Call Jarrett Benson today for a free consultation on your DUI case.