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Breath Test Refusal Archives

Breath test refusal in Colorado traffic investigations

Anyone who has driven on Colorado interstate highways has probably encountered construction projects or accidents that have stopped or snarled traffic. Highway lane closures can cause backups for miles. Occasionally traffic jams are caused by drunk drivers and resulting investigations by law enforcement. In a recent reported incident, a Colorado driver, despite his initial breath test refusal, was arrested on suspicion of drunk driving.

Will a breath test refusal cost you your driver's license?

When a police officer pulls you over in Colorado and asks you to exit your vehicle, an uneventful day can quickly become stressful. In such situations, it pays to know your rights ahead of time so you can respond to events as they unfold. Many people think they must do everything a police officer tells them to do and answer all questions asked in such circumstances. This isn't entirely true although not cooperating by refusing to give a breath or blood sample, comes with its own set of negative consequences for the driver.

Breath test refusal and express consent

The average Colorado driver is very much aware of the serious consequences that can come with a drinking and driving arrest and conviction. For this reason, when one is stopped and law enforcement begins asking questions that indicate their suspicion that the driver has been drinking and driving, it is likely that the individual will become nervous. This nervousness can sometimes affect the decisions that the individual makes and the actions that the individual takes. For some, this nervousness even affects the decisions regarding complying with law enforcement requests and breath test refusal.

Breath test refusal has serious consequences

Driving while intoxicated is a serious crime in Colorado, with even a first drunk driving conviction in criminal court potentially resulting in jail time and high fines. For this reason, people who are pulled over after drinking may be tempted to refuse to perform a breath test. However, breath test refusal has serious consequences as well.

Challenging a license revocation in Colorado

Readers may have heard of the term implied consent or, here in Colorado, express consent. What this is referring to is the fact that drivers consent to providing a chemical test to police officers who have reasonable grounds to suspect that the driver is operating a motor vehicle under the influence of alcohol or drugs. All drivers give this consent by virtue of having a driver’s license.