Refusals
Refusing a Chemical Test
42-4-1301. Driving While Impaired - Definitions.
(d) If a person refuses to take or to complete, or to cooperate with the completing of, any test or tests as provided in section 42-4-1301.1 and such person subsequently stands trial for DUI or DWAI, the refusal to take or to complete, or to cooperate with the completing of, any test or tests shall be admissible into evidence at the trial, and a person may not claim the privilege against self-incrimination with regard to admission of refusal to take or to complete, or to cooperate with the completing of, any test or tests.
Refusing to submit to a chemical test also results in a stiffer penalty at the DMV if administratively convicted. Refusals carry a minimum mandatory one (1) year revocation of driving privileges. If you refused a chemical test, you must request your Express Consent hearing within seven (7) days of the offense in order to preserve your right to a hearing. If you fail to request your EC hearing within seven days, your license will be automatically revoked for no less than one year with no eligibility for any type of restricted license.
Refusal cases are often more difficult for the prosecution as they do not have a chemical test result upon which to rely. Thus, the penalties tend to be more severe for refusing as the State wants you to submit to a chemical test. The State will rely upon driving pattern, indicia of impairment, performance on Standard Field Sobriety Tests and voluntary statements made by the defendant.
Because of the severe penalties associated with DUI and refusing a chemical test, you should consult with and hire a Colorado DUI lawyer immediately to protect and preserve your rights.
