CORONAVIRUS UPDATE: What We Are Doing to Protect Our Clients

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Refusal

In Colorado, if you refuse (or decline) to perform what the police officer will often times refer to as “Voluntary Roadside Maneuvers”, your refusal to complete these maneuvers may be admitted as evidence against you at trial. This seems to contradict the “voluntariness” of the tests, however, that’s the way it is in Colorado. Diligent defense counsel can and should bring this fact forward to the jury’s attention. After all, it seems fundamentally unfair that the absence of a “voluntary” act could be used against a driver as evidence of intoxication later in court.

Similarly, a driver’s refusal to complete a chemical test of his blood, breath, saliva, and urine can also be used against the driver at trial as evidence of impairment or intoxication. However, if there is a reasonable explanation for the absence of the chemical test, the absence of this evidence can prove favorable, or even very favorable, for the defense in establishing reasonable doubt of impairment or intoxication. In a DUI or DWAI prosecution, a chemical test is a substantial piece of evidence, especially if the test is conducted properly in accordance with the Colorado Department of Health Rules and Regulations for Testing. It is even more substantial if its result is .08 or greater in a DUI prosecution or .05 or higher in a DWAI prosecution.

On the other hand, a refusal to perform a portable breath test cannot be used as evidence against a driver at trial. There should be no mention of either the results of a portable breath test (PBT) or a refusal to complete a PBT in a DUI or DWAI trial.

The driver’s license consequences for a “refusal” to complete a chemical test are severe. These consequences are explained in the section-above entitled: What happens to my driver’s license if I refused a test of my blood, breath, saliva, or urine?

If you or a loved one has been charged with DUI or DWAI in Colorado, it is important to retain defense counsel experienced in DUI and DWAI cases. Contact Denver DUI Refusal Lawyer Monte Robbins at 303-355-5148, or 970-301-5541 today for a free case evaluation.

Client Reviews
★★★★★
"An excellent lawyer choice for my son who was charged with driving while his license was revoked. DMV had mistakenly sent (3) letters of revocation to the incorrect address, so I hired Monty to prove that my son never knew his license was revoked. Monty kept me informed at all times as to what was happening and what he doing to prove my son's innocence in this matter. We were to appear in court on 29 March 2012 and Monte informed us on 27 March 2012, that the case had been dismissed!!! Monte charged a fair, flat rate for what he did in this matter and should the need arise to hire a lawyer or to recommend a lawyer, I would not hesitate to give Monte's name.” Linda
★★★★★
"I consulted three other attorneys on my traffic offense in Colorado and none of them thought I could beat it. Then I consulted with Monte Robbins. He not only relieved my warrant without my presence in Colorado, but he got my habitual driving offense reduced to an infraction. I was up against the wall on this case but thanks to Monte miracles are possible. I have hired my share of attorneys and Monte Robbins has produced the best results for me yet. After being without my driving privileges for ten years I paid a small fine and am legal with a clean record. I Highly recommend this attorney." Steve
★★★★★
"I hired Monte J. Robbins to represent me. He gave 110% to my case never rushed me off the phone, quick to gather all information regarding my case. Monte is very knowledgeable and helped me out a lot. He kept me informed every step of the way through my case. I was always able to get a hold of him for any questions i had. The outcome of my case was way better then i had expected. Monte did a excellent job on my case and I would highly recommend him to anyone. Monte won my case and I am confident that he can do the same for anyone else." Jeremy