You are driving home from work late on a Friday night when you are stopped by law enforcement officials. When they ask you to agree to a breathalyzer test, you may be unsure whether you should comply. After all, if the test results determine you are under the influence, you might believe you are providing the state with the evidence they need to convict you.
However, under limited circumstances, you may have the right to refuse a breathalyzer test if you are suspected of driving under the influence (DUI) or driving while ability impaired (DWI). This is something you should closely evaluate when crafting your criminal defense strategy.
Before A DUI Arrest: You Have the Right to Refuse a Breathalyzer Before an Arrest
If you have not yet been placed under arrest, you are under no legal obligation to complete any sort of field sobriety testing or breathalyzer testing. If you have not been taken into police custody, you should not face any penalties, nor can your refusal be used as evidence against you if your case goes to trial.
Failure to agree to a breathalyzer test could lead law enforcement officials to believe you are attempting to hide your blood alcohol concentration (BAC) levels. However, unless you give them reasonable belief that you are under the influence or impaired, you cannot be placed under arrest just because you refused to agree to a breathalyzer test.
Colorado Has Express Consent Laws
There are some cases, however, in which you may be expected to agree to a breathalyzer test. If you have already been placed under arrest for drunk driving per Colorado Revised Statutes Section 42-4-1301, under Colorado’s express consent laws under Colorado Revised Statutes Section 42-4-1301.1, you have already consented to chemical testing when you are suspected of a DWI or a DUI. All motorists give their express consent to breathalyzer testing as soon as they are driving on Colorado’s roadways.
What Happens If You Refuse a Breathalyzer After a DUI Arrest?
If you refuse to consent to a breathalyzer test before you have been arrested, you will not face any type of criminal charges or penalties. Unfortunately, if you revoke your consent or refuse to complete a breathalyzer test after you have been arrested for suspicion of drunk driving, there are several possible consequences you could face. A violation, according to the Colorado Department of Motor Vehicles, could result in:
- Being designated a “persistent drunk driver”
- Having your driver’s license suspended for a minimum of one year with the possibility of reinstatement after two months, whether you are convicted or acquitted
- The installation of an ignition interlock device (IID) for a minimum of one year after your driving privileges have been restored
- Completing a mandatory drug or alcohol treatment program
- Obtaining new insurance coverage even if you are ultimately acquitted of the DUI allegations against you
Furthermore, if you refuse to complete a breathalyzer, the state may use your refusal as evidence against you at trial. When you understand the risks, it is much easier to feel confident giving your consent to a breathalyzer. Your criminal defense team can always challenge the breathalyzer calibration, the way the breathalyzer was administered, and the BAC test results as part of your defense strategy in court.