Many Colorado drivers are confused about their rights if they are pulled over under suspicion of driving under the influence of drugs or alcohol in the state of Colorado, but anyone facing DUI charges should contact a Colorado DUI defense attorney, regardless of the conditions of their traffic stop. Police officers may try to intimidate drivers into taking a field sobriety test or breathalyzer test at the scene, but an experienced DUI defense attorney will tell drivers that they can indeed refuse these tests.
Colorado is an Express Consent State
Officers generally state that the driver can lose their license if they don’t submit to a test of their intoxication. This is technically true. Colorado is one of many “express consent” states, meaning that drivers are considered to have already given consent to a test of their blood alcohol level simply by getting behind the wheel. However, this test does not have to be administered at the scene of the traffic stop or motor vehicle accident.
Refusal of Field Sobriety Test
What the arresting officer will not tell a driver is that they cannot take a Colorado driver’s license away for refusing a field sobriety test. Colorado drivers are legally allowed to refuse a field sobriety test or breathalyzer test during the time of their stop for suspicion of DUI without having their driver’s license revoked. The driver must, however, consent to a blood alcohol content test at a later time. These tests are usually blood tests given at the police station.
What does this mean for you if you are pulled over for a traffic violation and the officer suspects you have been drinking or using drugs? A Colorado criminal defense attorney would advise you to politely refuse a field sobriety test but express your consent to accompany the officer to the police station to take a blood test if they ask. If you have been subject to a field sobriety test during a DUI arrest, contact a Colorado DUI defense lawyer immediately to challenge this evidence.