Many people think that, if they refuse to take a breathalyzer, it means that police cannot prove a DUI. However, this is not the case and refusing to take a breathalyzer is a crime in its own right. If you were arrested for drinking and driving and refused a breathalyzer, it is essential that you hire a DUI attorney in Greeley CO to defend you in court. Under state law, there are additional penalties for refusing a DUI that you will need the assistance of a skilled DUI attorney in Greeley CO to assist you with.
Colorado is an expressed consent state, meaning that as long as you are traveling on Colorado’s roads, you are consenting to taking a breathalyzer when requested by law enforcement. Because of this, if you refuse to take a breathalyzer, or blood or urine tests, you can be charged with a crime. This crime could lead to loss of your license beyond what you normally would have gotten with a DUI alone. This amount can be anywhere from an up to a year for first-time offenders to up to three years for a third or later offense. Refusing to take a breathalyzer is also bad because that refusal can be used against you in court, and you can still be found guilty of DUI based on other evidence.
Rather than refuse a breathalyzer, it is always best to let your DUI attorney in Greeley CO defend you on the DUI with a breathalyzer. You most likely will have an easier time when it comes to litigating your DUI case to have taken the test and let your defense attorney try and get those results thrown out rather than have the refusal be used against you in court.