Just by the act of operating a vehicle in Colorado, you agree to submit to impairment tests if asked to do so by law enforcement officers. Refusal to cooperate with the tests will automatically suspend your driver’s license for a year for your first refusal and the courts will have that refusal as evidence to use against you in court. However, there are more ways to refuse to cooperate than the simple act of saying no. A cop can use any of the following as proof that you have refused to cooperate:
- You say no
- If offered a choice between blood or breath tests, you refuse to select one
- You refuse to sign an Express Consent Affidavit and Notice of Revocation when presented with one
- You fail to comply with the officer’s instructions while being tested
- You behave belligerently during testing
- You refuse to give the required number of samples
- You refuse to take a test before consulting an attorney
- If your chosen test is not available, you refuse to submit to the other type of test
Should I Refuse a DUI Test?
Generally speaking, police cannot force you to take a DUI test. While refusal does carry automatic penalties, the penalties for DUI are often more severe. However, refusal does not always protect you from a DUI conviction. Even without the test results, the state can still find you guilty, and the prosecutors will use your refusal as evidence that you were intoxicated when arrested.
The Denver attorneys at Thomas Law Firm can help you fight your drunk driving charges, even if the police have obtained breath or blood evidence proving your impairment.