The legal blood alcohol content (BAC) in the state of Colorado is .08 or higher, and can result in a DUI conviction if proven. A Colorado DUI is punishable with a fine of $200 to $1,000, a 5-day to 1-year jail term and a mandatory 48- to 96-hour public service for a first offense. Convicted drivers also lose their driving privileges for 1 year.

Under Colorado’s Express Consent Law, a driver is required to submit to a chemical test if a police officer has reasonable grounds to believe the driver is driving under the influence or that their ability to drive is impaired due to drugs, alcohol or both. You can remain silent and refuse to answer any questions. You can even refuse to submit to a preliminary breath test (PBT) without penalty. However, refusal to submit to either a blood, urine or breathalyzer test at the police station or hospital could result in suspension or revocation of your Colorado driver’s license for one year.

In addition to losing your driving privileges, refusing to take a BAC test will make it hard for you to prove your innocence. Submitting to the test and enlisting a qualified Colorado DUI attorney will give you a better chance avoiding a DUI on your driving record. Your Colorado DUI attorney can review the results of the BAC or other tests for accuracy. Your attorney can also look for any mechanical errors that could have resulted in erroneous data or any evidence of failure to perform the tests according to the law, any of which could help you avoid a Colorado DUI conviction.