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.
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 Attorney Monte Robbins to discuss your options at 303-355-5148, 970-301-5541, or toll-free nationwide at 1-888-384-2656.