Stopped for a DUI? What Tests Should You Take and Refuse?
Everyone knows driving under the influence of alcohol or drugs is a bad thing. Every year drunk and impaired drivers injure and kill many people. In response to these tragedies, many states—including Colorado—are enacting stricter DUI laws. Many of these new DUI laws increase the penalties for DUI and refusing to take a chemical test (blood, breath, or in rare cases urine) after being stopped for a suspected DUI. Consequently, many people are unsure if it is in their best interest to take or refuse the tests requested by the police.
When it comes to refusing to take Standard Filed Sobriety Tests, there is no one universal answer that applies to every situation.
First off, you must remember every test you take is used by the police officer to make a DUI case against you. In Colorado, when you are pulled over by the police for a suspected DUI, you have the right to refuse to take the Standard Field Sobriety Tests, including the preliminary breath test administered via handheld device, without any penalty.
However, after you are arrested for DUI, if you refuse to take the “evidentiary” chemical test, there are harsh consequences. Some of these consequences include a driver’s license suspension duration of one year, being designated a “persistent drunk driver” and having to install an interlock device on your vehicle when you get your driver’s license back. If you have been arrested for DUI, you need to talk to a DUI lawyer as soon as possible. The Douglas County, Castle Rock attorneys at Ellmann & Ellmann, PC are always available to answer your questions.
Ellmann & Ellmann PC
Ellmann and Ellmann, PC is a team of experienced Douglas County, Castle Rock attorneys who will fight hard to protect your rights. Kevin T. Ellmann has been practicing criminal law since 1998 when he worked as a Deputy District Attorney in the 18th Judicial District. Mr. Ellmann left the D.A.’s office to begin his career as a criminal defense attorney in 2006. If you have been arrested for a DUI, don’t try to handle things on your own. You have too much to lose. Call the Law Office of Ellmann & Ellmann, PC to get an experienced criminal lawyer who will challenge each and every aspect of the prosecutor’s case.