Can You Really Refuse a Breathalyzer Test in Colorado?
Being pulled over on suspicion of DUI can be stressful and confusing. In the video, attorney Bradley Smith of Smith and Widinger explains that many drivers are unsure whether they can legally refuse a breathalyzer test in Colorado—and the answer depends on the situation. Understanding this distinction can protect your rights and help you avoid unintended consequences.
One of the biggest misconceptions is that all breath tests are mandatory. In reality, Colorado law treats roadside breath tests very differently from chemical tests requested after an arrest. Knowing which is which can make a significant difference in how your case unfolds.
The first type of breath test typically occurs on the side of the road, before an arrest. An officer may ask you to blow into a small, handheld device called a portable breath test. This request is often framed casually, but it’s important to know that this test is completely voluntary. You are legally allowed to refuse it, and that refusal cannot be used against you in court.
The situation changes once an officer places you under arrest or invokes Colorado’s express consent law. Under this law, by driving in Colorado, you are deemed to have consented to a chemical test of your breath or blood if an officer believes you are impaired. If alcohol is suspected, the officer may allow you to choose between a breath or blood test. If drugs are suspected, a breath test may not be an option.
At this stage, you can still refuse a chemical test, but the consequences are serious. While refusal is not a crime by itself, it can lead to harsher driver’s license penalties, including longer suspensions or restrictions. Additionally, if your case goes to trial, the jury may be instructed that they can infer you refused because you were trying to avoid creating evidence of intoxication.
These decisions are rarely as simple as they seem in the moment. What feels like a protective choice can have lasting legal and financial impacts, especially when dealing with insurance companies, license consequences, and potential court proceedings. That’s why understanding your rights—and your risks—is critical.
An experienced DUI attorney can help evaluate whether law enforcement followed proper procedures, challenge the use of breath or blood test evidence, and guide you through the express consent process. Having an advocate ensures that your rights are protected while working to minimize the long-term impact on your driving privileges and record.
Take Action Today: Protect Your Rights After a DUI Stop
If you’re facing questions about breathalyzer refusal or DUI charges in Colorado, speaking with an experienced attorney can make all the difference. The team at Smith and Widinger can help you understand your options and protect your future.
FAQs
Can I refuse a roadside breathalyzer test in Colorado?
Yes. A portable breath test given on the roadside before an arrest is voluntary, and you can refuse it without it being used against you in court.
Is refusing a breathalyzer after arrest a crime?
No, refusal itself is not a crime. However, it can result in significant driver’s license penalties and negative inferences at trial.
What is Colorado’s express consent law?
Express consent means that by driving in Colorado, you agree to submit to a chemical test of your breath or blood if lawfully requested after an arrest.
Should I talk to an attorney if I refused a test?
Yes. An attorney can explain the consequences of refusal, review the circumstances of your stop and arrest, and help protect your rights moving forward.