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.