Consenting or refusing to the testing
The first thing to be aware of is that the law enforcement officer pulling you over under suspicion of DUI will ask you to take the breathalyzer test. This test determines your BAC level to see if it is within permissible limits. While you can refuse to take this test, your refusal may give the policeman more cause for suspicion. You may be asked to take an advanced test at a hospital, with punishment for refusal in the form of license suspension for a year as well as an additional loss of points on your license. Keep in mind that your refusal to submit to testing can be brought up at a court hearing for the DUI charge and it may have negative ramifications during trial.
Following your refusal to submit to a BAC test
Following your refusal to be tested, you can request an Express Consent Hearing within 7 days. Failing to appear at this hearing can result in the issuing of a bench warrant for arrest. This hearing is followed by pre-trial conferences where you can make a plea offer (you lawyer will help you in this and all other matters). This is followed by presenting the arguments to the judge, and then starting the process of a jury trial where six jurists will hear your case. The final judgment is given a basis of the recommendation by the judge who is overseeing your case.The verdict depends heavily on the effectiveness of your arguments, and this is where the support of an expert Colorado Springs DUI attorney can help tip the scale in your balance.
Call us now to know more about the DUI process and what you should do to safeguard your rights.