Refusing a Breathalyzer in Colorado: What You Need to Know
## Direct Answer
In Colorado, refusing a breathalyzer can lead to a minimum of 1-year driver’s license revocation, and the process typically takes around 5-10 business days after the Department of Motor Vehicles (DMV) receives the report of refusal from the law enforcement agency.
## Step-by-Step Guide
If you refuse a breathalyzer test in Colorado, here’s what you can expect:
1. **Initial Refusal**: You refuse to take the breathalyzer test when asked by the law enforcement officer.
2. **License Confiscation**: The officer will immediately confiscate your driver’s license.
3. **Temporary Permit**: You will be issued a temporary permit that allows you to drive for the next 7 days.
4. **DMV Notification**: The law enforcement agency will notify the DMV about your refusal within 5 business days.
5. **DMV Hearing**: You have the right to request a hearing within 7 days of receiving the notice from the DMV.
6. **License Revocation**: If you don’t request a hearing or the hearing doesn’t result in your favor, your driver’s license will be revoked for at least 1 year.
## FAQ
– **Q: Can I appeal the decision?**
A: Yes, you can appeal the decision to the district court within 30 days of the DMV’s decision.
– **Q: Will I face any criminal charges?**
A: Refusing a breathalyzer test is not a crime in itself, but you may still face charges related to driving under the influence (DUI).
– **Q: Can I get a restricted license during the revocation period?**
A: In some cases, you may be eligible for a restricted license after serving a portion of the revocation period, but this is subject to DMV approval and specific requirements.
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