Pros and Cons of Refusing DUI Tests
When you are charged with DUI, police will attempt to conduct a breath test or a blood test to confirm your impairment. Refusal to submit to a DUI test can result in immediate penalties, such as loss of your driver’s license. In this video, Colorado DUI lawyer Will Smith weighs the pros and cons of refusing a DUI test.
To speak to a Colorado drunk driving defense attorney, call us at (720) 542-6142 or contact us through our website.
Now, if you refuse to take a test, it will mean that you do not have a blood or breath sample that can be used against you later. However, it does mean that a jury likely would hear that you refused a test and they will be able to draw their own inferences about that. What that means for most of my clients, then, what most of my clients are really worried about is what does it mean for my driver’s license? That’s the most important thing at least on the front end for most clients. What that will mean if you refuse is that you’re not gonna be able to drive for a period of 60 days. After 60 days of no driving whatsoever, you’ll be eligible to have a restricted driver’s license, restricted to interlock. Interlock, as many people are aware, is an apparatus that is installed in your vehicle and would require that you blow into the steering column before starting the car and then incrementally as you’re driving. That apparatus must be installed in Colorado for at least two years following a refusal before you can have an unrestricted driver’s license.
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Criminal Practice Areas
Our Colorado lawyers aggressively defend your rights. Certain situations offer options such as evidence suppression, dismissal of the charges, or greatly reduced penalties, but only an experienced lawyer will be able to understand the circumstances surrounding your case fully. If you have prior charges or a felony on your record, it is especially important to contact a defense attorney promptly to seek advice and understand your case.
Driver’s License Revocations from DUI
A DUI arrest results in two separate legal proceedings against you: the criminal case and an administrative license revocation hearing through the Colorado Department of Motor Vehicles. If your BAC is confirmed through chemical testing to be .08 or above, or if you refused to submit to a breath or blood test, you will be subject to a license revocation through a civil administration hearing.
Alcohol Related Driving Offenses
There are two different alcohol related offenses that can result from driving after you have consumed alcohol. Whether you are charged with one or the other depends on the amount of alcohol in your system. The charges are: “Driving While Ability Impaired” – DWAI and “Driving Under the Influence” – DUI.
The Colorado law firm, Thomas Law Firm, defends all types of DUIs, from drug related to alcohol impaired driving offenses. If you have been accused of driving under the influence for felony or misdemeanor charges, contact our DUI criminal defense lawyers at(720) 542-6148.
Injury Property Damage And Car Crash DUI
A car crash is a situation nobody wants to find themselves in, let alone be responsible for. In Denver, the penalties for these accidents include heightened insurance rates, fines, and, if alcohol was involved, legal repercussions including serious and potential felony DUI charges. When a drunk driver is involved in a car crash that leads to property damage or bodily injury, the penalties increase significantly.
DUI/DWAI for Commerical Drivers
Penalties for receiving a DUI are much harsher for commercial drivers and the consequences may reach far beyond losing your license and paying a fine. Commercial drivers are subject to stricter standards because their job requires them to operate vehicles that can contain toxic waste or precious cargo—it is a matter of public safety that these drivers be as safe as possible. Driving drunk while operating a company vehicle puts the company as well as the public-at-large at risk.
Recent changes to Colorado law have made it so it is now legal to possess and use marijuana. However, it is still a crime to drive a motor vehicle while under the influence of marijuana or any other drug. A conviction for driving under the influence of drugs will lead to the same penalties as driving under the influence of alcohol.