Pros and Cons of Refusing DUI Tests
When you are charged with DUI, police will attempt to conduct a breath test or a blood test to confirm your impairment. Refusal to submit to a DUI test can result in immediate penalties, such as loss of your driver’s license. In this video, Colorado DUI lawyer Will Smith weighs the pros and cons of refusing a DUI test.
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Now, if you refuse to take a test, it will mean that you do not have a blood or breath sample that can be used against you later. However, it does mean that a jury likely would hear that you refused a test and they will be able to draw their own inferences about that. What that means for most of my clients, then, what most of my clients are really worried about is what does it mean for my driver’s license? That’s the most important thing at least on the front end for most clients. What that will mean if you refuse is that you’re not gonna be able to drive for a period of 60 days. After 60 days of no driving whatsoever, you’ll be eligible to have a restricted driver’s license, restricted to interlock. Interlock, as many people are aware, is an apparatus that is installed in your vehicle and would require that you blow into the steering column before starting the car and then incrementally as you’re driving. That apparatus must be installed in Colorado for at least two years following a refusal before you can have an unrestricted driver’s license.
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