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What Happens to My Driver's License if I Refused a Test of My Blood, Breath, Saliva, or Urine?

If a police officer has probable cause to believe that your driving is impaired, she will ask you to submit to a chemical test. Depending upon the facts in your case, the police officer may request that you complete a blood or a breath test if she suspects alcohol. On the other hand, she may direct you to complete a blood, saliva, or urine test if she believes that you are impaired by drugs or controlled substances, or a combination of alcohol and one or more drugs or controlled substances.

No law enforcement officer may force a driver to submit a blood, breath, saliva, or urine test. However, law enforcement may force a blood draw in cases of criminally negligent homicide, vehicular homicide, 3rd degree assault, or vehicular assault.

If a driver refuses a test of his blood, breath, saliva, or urine at the direction of a law enforcement officer, the driver's license will be revoked for one (1) year for a first refusal; two (2) years for a second refusal; and three (3) years for a third refusal. During the initial one (1) year period, a driver is not eligible for any type of restricted driving privileges or early reinstatement. Thus, a refusal revocation in Colorado is extraordinarily strict. A restricted license is available for eligible drivers in year two (2) and three (3) of a 2nd or 3rd refusal related action.

A driver has only seven (7) days, including weekends and holidays, to request a hearing in writing at any Colorado driver's license office when served with an Express Consent Affidavit and Notice of Revocation alleging a refusal to submit to chemical testing.

There are a various defenses to an Express Consent Revocation Hearing based upon a refusal allegation. Extensive preparation of a driver's case is critical in challenging this type of driver's license revocation.

Colorado DUI Attorney Monte Robbins, is experienced in defending refusal allegations in Express Consent Revocation Hearings. If you've been charged with a DUI or DWAI based upon a refusal allegation, contact Denver DUI Attorney Monte Robbins to discuss your options at 303-355-5148, or 970-301-5541.

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"An excellent lawyer choice for my son who was charged with driving while his license was revoked.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