Driving laws in Denver, CO are now tougher than previous years. Any driver who refuses taking a sobriety test can be branded as “persistent drunk driver”. When obtaining a drivers license in Colorado, a driver consents to having his blood/breath tested if asked by law enforcement who has probable cause to contact and arrest a driver. Refusing a test has substantial consequences including a mandatory one year revocation of the drivers license and a jury being given the option of considering a refusal as consciousness of guilt at trial.
The laws now permit a probationary drivers license with an interlock device for drivers who refuse to take a test. A driver must serve 60 days of no driving and then have the interlock device for the remainder of the revocation.
What does the law say?
Any driver who has had multiple DUI convictions is also to be considered as persistent drunk driver. A drunk driver is one who has a blood alcohol content higher than .08. It is possible for such drivers to make a request to reinstate their license within a month after suspension, if they attach an interlock device to their cars.
As per reports published by Mothers Against Drunk Driving, Colorado arrest statistics include 25,000 DUI arrests every year. These arrests, upon further scrutiny, have revealed that about 7,300 of those arrested were individuals who refused to undergo a breathalyzer test. They also refused the law department to draw their blood.
The National Highway Traffic Safety Administration published reports state that about 170 car accidents in Colorado involved driving under the influence of alcohol. Among these crashes, 92 of them (or 54 percent) involved drivers whose blood alcohol content exceeded 1.5. The US Transportation Secretary has urged the use of interlock devices to be fitted on to drunk drivers with first time DUI. In refusal cases, penalties can turn out to be severe, requiring the help of an experienced attorney such as Richard B. Huttner, P.C. to come to the driver’s defense.