You can refuse to submit to a preliminary breath test (PBT) at the scene of the alleged crime if you're asked to do so in Colorado, but you probably should consider enlisting the aid of a good Colorado defense attorney if you refuse a blood test. A driver suspected of DUI is asked to submit to a blood alcohol content (BAC) test to see if there is presence of alcohol in his blood and if it over the legal limit. Your BAC could be higher than usual even if you didn't drink a drop of alcohol. Some medications contain a fair amount of alcohol.
Colorado DUI Law at a Glance
Colorado's legal BAC limit is .08. A BAC higher than .08 will result in a DUI charge. The severity of your punishment depends on whether it's your first, second or third offense. A first offense DUI is punishable with a fine of $600 to $1,000 and a 5-day to 1-year jail term. You also have to perform mandatory 48-96 hours of public service and you lose your driving privileges for one year. A second offense is punishable by 90 days to 1 year in jail, a fine of $1,000 to $1,500 and 60 to 120 hours of public service; a third offense will result in a 70-day to 1-year jail term, a fine of $900 to $1,500, 56 to 112 hours of public service and a two-year driver's license suspension. Drivers with second and third DUI offenses are required to have an ignition interlock device installed on their vehicles for a specified period of time before they can get their licenses reinstated.
Why You Should Get a Colorado DUI Defense Attorney
In Colorado Springs, DUI defense attorneys handle hundreds of DUI cases where a driver refused to take a blood test. Colorado DUI laws allows a driver to choose to not answer questions at the scene of an accident or other traffic violation. He is required by law to submit to a blood test, and if he refuses he could lose his driver's license for a year. In addition, because BAC tests are admissible in court, refusal to submit to one can be used against a driver by a prosecuting attorney determined to prove his guilt.
A Colorado DUI defense attorney can strengthen your case by making sure that BAC tests are performed according to the law, verify accuracy and uncover any mechanical errors that may help you avoid a DUI conviction because of inaccurate data.
Contact the law firm of Christian A. Schwaner, P.C. or call 719-387-0616 for a free initial consultation.
