Colorado's law of implied consent comes into play in situations involving a suspected driving under the influence (DUI) or driving while ability impaired (DWAI) charge. The implied consent law states that if you are pulled over for suspected drunk driving, you must comply with an officer's request to submit a chemical BAC test in the form of a blood or breath analysis.
When you're suspected of driving under the influence (DUI), you may be forced to undergo a number of tests to determine your level of intoxication, including field sobriety and blood alcohol content (BAC) tests. If you are suspected of being under the influence of drugs, you may be required to submit a urine test as well. The test must be administered within two hours from the time that you last drove. You may choose which test to take, but once you choose, you cannot change your mind.
If you need to learn more about your rights under Colorado implied consent laws, speak with a knowledgeable Fort Collins DUI defense attorney with The Law Offices of Rachel A. Michael today. We offer responsive and accessible legal guidance for all issues related to drunk driving charges, answering your questions so that you can make the best possible decisions regarding your next steps.
Although you may refuse to take a chemical test, the state of Colorado will suspend your license for doing so. The length of revocation depends on the amount of prior convictions you have.
Examples of penalties for refusing BAC testing:
There is one exception to your right to refuse a test: if the incident that led to your arrest also caused the death or injury of yourself or another person, Colorado law allows police officers to physically restrain you, if necessary, to take the test. Refusing the test does not guarantee that you will not be convicted, and the prosecution may use your refusal against you in court. If you are concerned with avoiding or reducing the consequences of a DUI or DWAI, contact an experienced DWI defense attorney for guidance.
Ignition interlock devices are issued to those who have received DUI convictions, refused a chemical test or are considered a habitual traffic offender. The device is installed on motor vehicles to prevent an individual from operating a vehicle while under the influence of alcohol. To start and continue operating the vehicle, the driver must provide breath samples. A criminal defense attorney can advise you on your rights when required to use an ignition interlock device.
It is important that you know your rights and what to do during your encounters with law enforcement officials. At The Law Offices of Rachel A. Michael, we can review your situation and help you find an effective way to resolve your charges. Our firm is results-driven and dedicated to helping our clients move forward with their lives in the best possible way.
Call our office at (970) 616-6668 or email us.