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Colorado Eases Consequences for Refusing Sobriety Breath Tests

Did you know you have the right to refuse when a police officer asks for a breath test to assess your sobriety? In the past, refusing a breath, blood, urine or saliva test that measures Blood Alcohol Content (BAC) meant automatically surrendering driving privileges for a full year. Now, however, those who decline their first request for a chemical sobriety test may only end up losing their driver license for 60 days.

The new conditions are currently effective, so those that refused the test in November may be able to regain their licenses come January 2014. Under the revised Colorado law, however, the 60-day suspension only applies to those refusing the test for the first time. This is noted in your record, so if you have refused the test before and already given up your license for a year you will not be eligible for the relaxed penalties.

Although refusing a chemical sobriety test is not a “Get Out of Jail Free” card and you could still be convicted for a DUI or DWAI, handing over proof of your inebriated state essentially seals your fate in front of a judge. With the reduced penalties for declining the test though, taking the Light Rail or bumming a ride for the next two months becomes a more viable option and could save you from the estimated $10, 275 price tag for a first DUI and all the resulting social repercussions-- which is certainly something worth thinking about.

Please contact one of our experienced DUI defense lawyers if you have questions about how the revised law affects your pending or future cases: 720.488.9586.

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