If you’ve been pulled over for a suspected DUI, you might find yourself asking, “Can you refuse a breathalyzer in Colorado?” The short answer is yes, but refusing a breathalyzer can lead to severe legal and administrative consequences due to Colorado’s Express Consent Law. At McAdams Law Office, our experienced Greeley DUI Defense Attorney understands the complexities of Colorado DUI laws and is here to help you navigate these challenging situations.
According to Colorado’s Express Consent Law, all drivers implicitly agree to submit to a chemical test (blood, breath, saliva, or urine) if law enforcement has probable cause to believe they are driving under the influence (DUI) or while impaired (DWAI). This agreement applies to anyone operating a vehicle in Colorado, whether they are residents or visitors. Refusing to take a chemical test is considered evidence of guilt and is admissible in court. It can also lead to immediate penalties, such as the automatic revocation of your driver’s license for up to one year. In some instances, such as when a driver is unconscious or involved in an accident with serious injury or death, law enforcement may even order an involuntary blood draw to obtain evidence of impairment.
Understanding the distinction between roadside and post-arrest breathalyzer tests is crucial when deciding during a DUI stop.
This test is most often given during a traffic stop when an officer suspects there is impaired driving, for instance, erratic behavior, smell of alcohol, or slurred speech. This is a field test intended to estimate your blood alcohol concentration (BAC) and is often used as evidence to establish probable cause to arrest. You are not legally required to take a roadside breath test; however, refusing it is not penalized (unless you are under 21, in which case zero-tolerance laws may come into effect).
Upon arrest for a DUI or DWAI, the state’s Express Consent Law requires you to submit to a post-arrest chemical test, a blood or breath test, to determine your BAC level exactly. Refusal to comply with this chemical test violates Colorado’s Express Consent Law. It will lead to severe penalties, such as automatic revocation of your driver’s license, fines, and other court penalties.
Refusing a post-arrest breathalyzer test in Colorado carries both legal and administrative consequences. According to Legal Awareness, these include:
It’s also important to note that refusing the test doesn’t mean the police won’t collect evidence. Officers can obtain a warrant for a forced blood draw, ensuring they acquire your BAC results regardless of your refusal.
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Deciding whether to refuse a breathalyzer test can significantly impact your case. Here are some factors to consider:
While choosing to refuse may seem logical to avoid providing evidence of intoxication, the administrative consequences are often more severe than the penalties for a first-time DUI conviction.
Facing a DUI charge and navigating Colorado’s Express Consent Law can be overwhelming without proper legal guidance. At McAdams Law Office, we protect your rights and ensure you have the best defense. Our Greeley, Colorado, team has extensive experience handling DUI cases and is ready to assist you. Call us at (970) 353-0002 today to schedule a consultation.
| DUI/DWAI Victories | Criminal Defense Wins |
|---|---|
People v. S.M.Two DUIs downgraded to DWAI, |
People v. M.J.Assault and child abuse charges |
People v. S.D.DUI dismissed, pled to |
People v. S.C.Theft charge dropped, |
People v. B.S.Breath test challenged, |
People v. A.E.Drug charges dismissed, |
People v. E.B.No jail, favorable plea despite |
People v. J.K.Burglary plea reduced, |
People v. R.G.One DWAI dismissed, another reduced with minimal work release. |
People v. C.R.Traffic offense reduced, |
William T. McAdams, known as Bill, is a highly experienced criminal defense attorney and former prosecutor. Since establishing McAdams Law Office in 2006, he has represented clients in cases including DUI, domestic violence, and theft, handling over 100 jury trials. Bill serves clients predominantly in Weld and Larimer counties, including Greeley, Evans, Windsor, Loveland, and Fort Collins. An active community volunteer and member of multiple legal associations, he is dedicated to protecting his clients’ rights.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partiner, William McAdams who has more than 25 years of legal experience as a personal injury attorney.