When an officer stops you for a suspected DUI and administers a chemical test, they must do so in accordance with Colorado law. However, implied consent laws for DUI cases also give officers certain permissions.
Can you refuse a DUI test? Learn how implied consent laws in Colorado apply to DUI cases and your constitutional rights in these scenarios.
What Is Implied Consent in a DUI Case?
Colorado follows implied consent laws regarding DUI tests. By driving a vehicle in the state, you give “implied consent” to chemical tests of your blood, breath, or urine to determine your blood alcohol content. Officers will request that you choose to take a blood or breath test.
With implied consent, you have the ability to refuse a test, but then there will be consequences to that refusal. Refusing chemical testing can negatively impact your criminal DUI case and have DMV consequences.
Differences Between Administrative and Constitutional Refusals
Refusing a blood alcohol content test generally does not work in your favor unless the test would violate your constitutional rights. Refusal can have both administrative and criminal consequences.
In Colorado, refusing to take a chemical test leads to an automatic license revocation by the Colorado Department of Motor Vehicles (DMV). Your first refusal leads to a revocation of one year, while subsequent refusals can lead to even longer suspensions. You would also face a two-year mandatory ignition interlock device requirement after license reinstatement and a classification of “Persistent Drunk Driver.”
The administrative license suspension process is separate from criminal proceedings you might face for a DUI charge. Your refusal can also be used as evidence against you in court by suggesting a “consciousness of guilt.”
If your refusal was based on a violation of your constitutional rights, such as an illegal search and seizure under the Fourth Amendment, your defense attorney may be able to file a motion to suppress this evidence in court.
Warrantless Blood Draws and the Fourth Amendment
Blood draws for a suspected DUI are subject to Fourth Amendment protections against unreasonable searches and seizures. They are considered a “search,” as removing blood is an “invasion of bodily integrity.”
However, if an officer has probable cause to believe that you were driving while intoxicated, and if extreme circumstances exist, they may be able to lawfully conduct a warrantless blood draw. This would be a situation that your attorney would review carefully, because this is unusual, and typically, a warrant is required.
Can They Force You?
Law enforcement has the authority to request that you take a chemical test if they suspect that you were driving under the influence. You have the ability to refuse a test in most circumstances, but there will be consequences to that decision. While implied consent laws are in place, consent is still subject to constitutional limitations.
An attorney can review the circumstances of your blood alcohol testing to determine whether your rights were potentially violated. For example, did an officer use physical force or restraints? This may impact the admissibility of the test results.
Seek Legal Representation in Colorado
A DUI arrest can be daunting, but understanding your rights under Colorado’s implied consent laws in DUI cases can help you determine how to proceed. At Churchill Criminal Defense, we represent clients facing DUI charges across the greater Denver area. Call (303) 832-9000 for a free consultation.