Refusing a Breathalyzer in Colorado: Understanding Your Rights

Direct Answer

In Colorado, you can be sued or face penalties for refusing a breathalyzer test, but it is not a traditional lawsuit. If you refuse a breathalyzer, the Colorado Department of Motor Vehicles (DMV) will automatically revoke your driver’s license for at least one year, and you may face additional penalties.

Colorado’s Express Consent Law

Colorado has an “Express Consent” law, which means that by driving a vehicle in the state, you have implicitly consented to take a breathalyzer test if a police officer suspects you of driving under the influence (DUI). Refusing to take the test can result in penalties, including license suspension.

Penalties for Refusing a Breathalyzer

The penalties for refusing a breathalyzer in Colorado include:
– Automatic one-year driver’s license revocation (first offense)
– Two-year revocation (second or subsequent offense)
– Possible jail time
– Fines and fees

FAQ

1. Q: Can I challenge the license revocation? Yes, you can request a hearing with the DMV to challenge the revocation.
2. Q: Will refusing a breathalyzer automatically lead to a DUI conviction? No, refusing a breathalyzer is a separate offense from DUI, but it can be used as evidence in a DUI case.
3. Q: Can I still be charged with DUI if I refuse a breathalyzer? Yes, you can still be charged with DUI based on other evidence, such as field sobriety tests and police observations.

Disclaimer

The information provided in this article is for general purposes only and should not be considered as legal advice. If you have been charged with a DUI or have refused a breathalyzer in Colorado, it is recommended that you consult with a qualified attorney to understand your specific rights and options.