DMV takes your license for a year if you refuse to blow. It's part of your license.![]()
DMV takes your license for a year if you refuse to blow. It's part of your license.![]()
"There are no finger prints under water."
I did some research. Apparently, Colorado law requires you submit a breath or blood test if you are arrested for a DUI, UDD, and DWAI, or are a "habitual user" of controlled substances. So you have to actually be arrested. You also have the right to choose the test and it has to be completed within 2 hours.
Colorado law also requires that you consent to a breath test if you have not been arrested. However, this is part of a field sobriety test and Colorado law says you do NOT have to submit to those. In fact the officer should tell you it is voluntary. Maybe some gray area, but the Sheriff deputy and City cop I asked both said they have been trained to state a field test, with a breath test is voluntary. Refusing it, however, probably won’t help if the officer has some other reason to think you had been drinking. Based on that the officer will likely arrest you and then you will be required to take a test under the law.
Seems there are self-incriminating constitutional issues that have bee recognized. So, unless you are arrested, you don't have to consent. I have no tolerance for Drunk Driving and I do want LEOs to have every legal tool at their disposal to get Drunks off the road. We look at the guy who fired a round through the wall in Boulder and crucify him...driving drunk is not that different IMHO.