Should you take a breath test in Colorado?
When you are arrested for DUI, the officer will request you to complete a test of your blood or breath to determine your alcohol level. The Colorado Express Consent law requires any person, whether or not a resident of the state, who drives a vehicle on the streets or anywhere in the state, to complete a test of the person's breath or blood for the purpose of determining the alcohol content. If the DMV decides that you refused to submit to the chemical test following a lawful contact and probable cause for the arrest, your Colorado driving privilege will be revoked for one year. This one-year revocation does not allow any driving privilege.
If you submit to a test of your blood or breath following a lawful arrest and the reported test result is greater than .080 and there was a previous reported test result greater than .080, your driving privilege is revoked for one year without any form of driving privilege. The difference is that after this one-year revocation, you must drive with the electronic ignition device for two years. A Refusal Revocation of one year does not require the electronic ignition device for the following two years.
Therefore, the best decision may be to refuse to complete the chemical test if you have a prior revocation because of a .080 alcohol level and the second test will likely result in a blood alcohol level greater than .080. This Refusal Revocation avoids driving with the ignition device for two years.
If this is your first DUI arrest, see my Five Immediate Steps to Take upon Receiving a DUI Ticket.
Call me immediately (970-871-7400) to discuss your questions, needs and how I can help you in this trying time.
"Over the last fourteen years, I have tried more jury trials than any practicing attorney in the 14th Judicial District (Routt County, Moffat County, and Grand County Colorado including Steamboat Springs, Craig, and Hot Sulphur Springs) with consistent success."
-- Larry D. Combs