Do You Have the Right to Refuse a BAC Test?

Colorado has pretty strict guidelines in regards to driving under the influence. You may think that you have the right to refuse a blood alcohol content test, or BAC test, when pulled over for a possible DUI, but according to the law refusing may not be in your best interest. In Colorado, impairment is considered to be having any quantity of alcohol or drugs (both legal and illegal) that impact the ability to operate a vehicle safely.

Technically, if you operate a vehicle inside the state lines, you have given consent to the state’s required testing process as a means to gather evidence if suspected of driving impaired. Refusing to submit to a BAC test at the request of an officer is considered to be failure to cooperate, and can have some pretty harsh penalties. But refusing a test may not be as cut and dry as you would think. The following situations all fall under “failure to cooperate” with an officer in Colorado:

• When given the choice between a blood or breath test, failure to choose is treated the same as a refusal.
• Responding to an officer’s request for a sample with “No.”
• Requesting to speak with your attorney prior to submitting to a BAC test.
• Taking too long to respond to the officers request.
• Failing to sign, or refusing to sign, the consent form for the BAC test.
• Failure to follow the officers instructions during the BAC test.
• Refusing to provide the requested number of samples during the testing process.

If you have been stopped under the suspicion of a DUI and unintentionally failed to cooperate with the officer, contact a Colorado DUI attorney immediately for representation. The penalties for not cooperating can include fines, loss of license, and possibly time served in jail.