Being pulled over is frustrating, especially if you were suspected of driving under the influence. Whichever state you live in this can come with fines, points against your driver’s license or even having your driver’s license suspended. If you live in Colorado, there is a law called Express Consent. Call the DUI lawyers in Colorado Springs if you find yourself in a situation like this.
What Is Express Consent?
If an officer pulls you over with a suspicion that you were driving under the influence, they can ask you to take a breathalyzer or blood test. Under this law, you have already given your consent to this test. If the officer believes you are under the influence of drugs, then you also consent to a urine test. The test needs to take place within two hours unless there are extenuating circumstances like weather, high call volume affecting medical personnel or breath testing equipment that is not working properly.
Consent to Preliminary Test
The Colorado law also says that you give consent to a preliminary breath test, even if you are not arrested. The officer uses the results of this test to establish probable cause that you were driving under the influence. This test is not required and the officer should let you know, but refusing the test will give the officer further suspicion that you were driving under the influence
Refusal
While refusing to take the test may seem like a noble thing to do, it generally does not work out in your favor. Refusing the test won’t guarantee that you won’t be convicted, and you can still be convicted of a DUI, even if the state doesn’t have proof that your blood alcohol content was over the legal limit. The officer can actually use the fact that you refused the test against you by saying that you knew you were intoxicated and guilty.
If you find yourself in a difficult situation regarding an arrest for a DUI, if you have refused to take a test, if you have questions, contact the DUI attorneys at the law firm of Murphy & Price. We can guide you through this process and help you get the results you need. Call us today.
