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hat Happens if You Refuse to Take the DUI Test?
To understand what happens when you’ve been charged with a DUI after refusing the test, it is important to know Colorado’s prevailing laws. You agree to consent to a DUI test when you apply for your driver’s license. At this point, you sign a statement that says that you will take a breath test or blood test when a law enforcement officer requests you to. Your refusal to submit to the test when you are pulled over allows the state to withdraw your license because of this consent you give at the time of getting your driver’s license.

The consequences of refusal

When an officer pulls you over on suspicion of DUI, you may be asked to submit to the ‘roadside sobriety or field sobriety’ tests such as walking in a straight line or standing on one foot. You are not required to do these and you cannot be charged with DUI for your refusal. If the officer asks you to submit to a voluntary Portable Breath Test or PBT, you still have the option to refuse. The roadside tests are a means for the officer to determine if you are indeed impaired and since these tests are difficult to pull off perfectly even if you are sober, they do not constitute an accurate measure of intoxication.

If the officer has probable cause to believe that you are guilty of DUI, he can ask you to take a chemical test to check BAC levels. This test cannot be refused without losing your license for a year. The penalties imposed by the DMV may also be more severe if you refuse to take this test. To ensure that you get a fair hearing after refusal, you should apply for the Express Consent hearing with the DMV within 7 days of being pulled over for the DUI. Talk to your Colorado DUI lawyer to know how you should handle the proceedings before and during the DMV hearing to safeguard your rights.

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