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Legal concept

Chemical Test Refusal

Refusing to give a breath or blood test, which causes the DMV to automatically revoke the license.

What Right Law Group attorneys say

So if you refuse to take the test, depending on the jurisdiction, the officers can either get a warrant and force you to take the test or a lot of times they'll allow you not to take the test. But that has implications in a number of different ways. On one hand, it's favorable because there is no test that actually shows that you're above the legal limit, but it can be used against you in trial. And the question can be asked, why wouldn't you want to take the test if if you are not intoxicated? The other way that it has an impact is that it can make the length of suspension for the DMV uh and revoking your license um lengthier as well.
Gannon Becker · DUI Evidence in Colorado | How Prosecutors Build Cases Against YouWatch clip ↗
On one hand, it's favorable because there is no test that actually shows that you're above the legal limit, but it can be used against you in trial. And the question can be asked, why wouldn't you want to take the test if if you are not intoxicated? The other way that it has an impact is that it can make the length of suspension for the DMV uh and revoking your license um lengthier as well.
Gannon Becker · DUI Evidence in Colorado | How Prosecutors Build Cases Against YouWatch clip ↗
there's going to be a sheet of paper the DUI officer fills out, and it's called the Express Consent Affidavit form. What this is, is they're gonna be going over whether you choose to do a breath test, a blood test, or whether you refuse. And this is what's sent to the Department of Motor Vehicles to determine how they proceed.
Alexis Austin Litle · Right Law Group's Criminal Defense Attorney, Alexis Austin: How a DUI affects your licenseWatch clip ↗
If you have a refusal, where you refuse to give a breath or a blood test, the DMV automatically revokes your license. A lot of the police officers will take your license from you right then. Then you can't drive, you have to wait until everything else is resolved. And, in certain circumstances, we can actually still get your license back, on a restricted license, with an Interlock, even if you refuse
Alexis Austin Litle · Right Law Group's Criminal Defense Attorney, Alexis Austin: How a DUI affects your licenseWatch clip ↗

Frequently asked questions

3 Painfully Obvious Reasons You Need A DUI Attorney

Right Law Group's guide explains: "Have you been arrested for DUI in Colorado ? Think it’s time to call a Colorado Springs DUI attorney? If you have been caught driving under the influence in Colorado or arrested for DUI , then you may be facing some severe penalties."

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How Can The Police Tell If Someone Is Driving High?

Right Law Group's guide explains: "Ongoing changes to cannabis laws have made it easier for Colorado residents to purchase and consume marijuana. However, it is still illegal to drive while under the influence of cannabis ."

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How to Request a Colorado DMV Hearing After DUI Arrest: Step-by-Step Guide

Right Law Group's guide explains: "You’ve been arrested for DUI in Colorado, and an officer handed you paperwork about something called an “Express Consent hearing."

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Is A Breathalyzer Mandatory Under Colorado Express Consent Law?

Right Law Group's guide explains: "What is Colorado Express Consent Law? Do I have a right to refuse the Breathalyzer? All states have a version of express consent."

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What Evidence Does the Prosecutor Use in Colorado DUI Cases?

Right Law Group's guide explains: "Ever wondered how the state builds a case against you in a DUI charge ? It might seem like it all comes down to the blood alcohol content (BAC) number."

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Each answer links directly to the source where a Right Law Group attorney addressed this question.

5 answers grounded in Right Law Group sources

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What clients say

The situation

a DUI case

What changed

knows the law and helps represent you to the best of their ability

The result

helped me get a DUI case dismissed in El Paso county

Jason M. Zoe Levesque★★★★★Google verified
The situation

pulled over in Manitou Springs and accused of a DUI… even though I was completely sober!

What changed

They took the time to hear me out, review every detail of my case, and make sure I was never left in the dark

The result

Dismissed at the DMV hearing, and dismissed in court

Dylan R. Zoe Levesque★★★★★Google verified
View all testimonials ›

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