I did not take a test so can I still get charged with DUI in Colorado?

I did not take a test so can I still get charged with DUI in Colorado?

The short answer to this question is yes. In Colorado anyone driving on the streets has consenting to submitting to a test of their blood or breath if they are suspected of driving under the influence. The test that counts is the blood test or an actual breath test taken at the police station or another testing facility, not the portable breath test administered on the side of the road. Colorado express consent states that if an officer has probable cause to believe that the driver of a car is driving under the influence of alcohol or drugs or both, then the driver must provide a sample of their blood or breath. If the driver refuses to take one of those tests the officer can still charge the driver with driving under the influence. This type of DUI is often referred to as a refusal DUI. You have the right to refuse but there are consequences to exercising that right.

If you do not take a test the district attorney will have to look at the entire DUI case against you. They will look at the reason why the police stopped you. Were you weaving across the lines, were you involved in an accident? These and other police observations can provide evidence of your impairment. The officers are trained to note not only the reason for contact, but also any signs that your motor skills were not up to standard. They will note how your hand movements were when you provided your driver’s license and other documentation. These observations will continue throughout your entire police contact.

The district attorney will also look at any evidence that they may have in terms of field sobriety tests. Field sobriety tests are not mandatory but if you attempted them then they are fair game for the prosecutor. If you completed the HGN or the walk and turn or any other field sobriety test, the district attorney will analyze those results and continue to build a DUI case against you. The district attorney will also be able to use the fact that you did not submit to the chemical test against you. Colorado law allows for the district attorney to not only take the refusal into consideration in terms of prosecuting the DUI, but they are also able to tell a jury about the fact that you refused a chemical test and that you knew that by doing so you would lose your driving privileges for a year.

Yes, the Colorado Department of Motor Vehicles will try to suspend your driving privileges for one year if you refuse to submit to a chemical test under the Colorado express consent advisement. That means no driving at all and they will not issue you a red license or any sort of restricted license during that time period. There is an opportunity for an administrative hearing on this issue but you must request that hearing within 7 days of being notified about the revocation of your license. This penalty is in addition to any other penalties that may be assessed through the courts for the criminal portion of your case.

If you refuse to take a chemical test when a law enforcement officer believes that probable cause exists for you to be arrested for DUI you will still be charged and the prosecutor will most likely move forward in prosecuting you. It is in your best interest to discuss this matter with a Colorado attorney who handles DUI cases. A Colorado DUI attorney can still analyze the legality of your case and challenge the conclusions that you were driving under the influence.