A DUI Defense Lawyer Explains What Happens If You Refuse a Breath Test
After getting pulled over for suspicion of driving under the influence (DUI) in Colorado, you may have no idea what you are supposed to do. One of the biggest questions people have during a DUI stop is whether they should take a blood or breath test. While it is possible to refuse to take a breath or blood test when you are pulled over for DUI, there are consequences to this decision that could last for years. In this video, criminal defense attorney Jason Wolfe talks about what will happen if you refuse to take a blood or breath test during a DUI stop.
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So there’s two different types of breathalyzers that people may think of. There’s what’s called a portable breath test, which is a small device that an officer may use on scene while you’re still pulled over. That, those are not admissible in court but they can be used to help the officer build probable cause to then arrest you. Then there’s the Intoxilyzer which is a large device that is usually at a police station or at a detox center and that’s, those are the evidentiary breath alcohol testing machines. That’s what you’re going to blow into and that’s what’s going to give you the official result. Now an officer should ask you if, at some point they suspect you’re driving under the influence whether or not you want to take a blood or breath test. That’s under Colorado’s express consent law and you can choose one of the other or you can refuse. It’s entirely your choice. There are consequences for refusal to take a blood or breath test. It’s an automatic one-year revocation to your driving privilege and that certainly is something to consider when you’re in the process of making that decision. Very difficult to make that decision when you’re in the heat of it and I understand, but that one-year revocation on your driver’s licenses is a pretty severe consequence.
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