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One of the most confusing things about a drunk driving stop in Colorado is the laws and regulations surrounding Blood Alcohol Content, or BAC, tests. While it is best to speak with a Colorado DUI attorney if you have been arrested for DUI or DWAI in Colorado, you should be aware of your rights under the law before you even get behind the wheel.
Refusal to Take a BAC Test
Refusal to take a BAC test, often called a breathalyzer, can be considered grounds for license revocation, as Colorado is considered an “express consent” state. “Express consent” means that Colorado drivers have already given consent to be tested for alcohol on their breath by simply driving their car, and refusing to submit to a test is breaking the law. However, Colorado drivers are not obligated to take a breath BAC test at the scene of their DUI stop. If pulled over for suspicion of driving under the influence, you can request to be taken to the police station and given a BAC test there. If you find yourself in this situation, however, it is very important to state clearly to the arresting officer that you are consenting to a test at the station rather than at the scene, so the officer does not see this as a refusal and start procedures to take your Colorado driver’s license.
Avoid Getting License Revoked for DUI Charge
Even if a Colorado driver refuses any kind of test, the driver may request a hearing with the Colorado DMV to determine if the state of Colorado can revoke your driver’s license. Those charged with DUI or refusal to submit to a BAC test generally only have 7 days to request this hearing, so it is very important to get the help of an experienced Colorado DUI attorney as soon as you can. As well as making sure you are following proper legal procedure and filing paperwork on time, an attorney can also represent you at this DMV hearing about your license. With an attorney on your side, you can avoid getting your license revoked for DUI charges or refusal to take a BAC test.
One of the most confusing things about a drunk driving stop in Colorado is the laws and regulations surrounding Blood Alcohol Content, or BAC, tests. While it is best to speak with a Colorado DUI defense attorney if you have been arrested for DUI or DWAI in Colorado, you should be aware of your rights under the law before you even get behind the wheel.