You must do this within seven days from the time that you are arrested and receive your notice of revocation, which is a yellow piece of paper.
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You can request a DMV hearing to challenge your license suspension.
Q: What should I do to prevent losing my license? This will be followed by five months of limited driving (for things like going to work, etc.) A provisional license is valid in Colorado only, and cannot be used outside of the State. However, only the first month of the six months will be no driving at all. If your request is granted, the three-month suspension will turn into a six-month suspension. Say you are suspended for 90 days, and you request a provisional license. You may request a provisional license, sometimes called a " red license," if your license is suspended. If you refused the blood or breath test, your license will be suspended for one year. If you took a BAC test, your license will be suspended for 90 days in Colorado - if it is your first offense. 08 g of alcohol in 100 mL (Milliliters) of your blood.
It is a measure of the amount of alcohol that you have in your blood. Your Colorado criminal defense lawyer can also have your breath sample retested in Colorado, and the retest often produces a different result.īAC stands for blood-alcohol content. Many factors can result in the breath test being inaccurate. Breath tests are generally the less reliable of the two tests. Q: Should I choose the blood test or the breath test? Having a defense lawyer at the DMV hearing will help improve your chances of keeping your license. The DMV can take away your license for refusing the chemical test even if you have not committed a crime (a DUI). And this gives the DMV the power to take your license away if you don't take the test. The reason is because Colorado Express Consent law considers you to have automatically consented to a blood or breath test if you are driving. At the DMV, on the other hand, you will likely experience a longer license suspension if you refuse the test. In fact, you have a constitutional right not to incriminate yourself by taking the test. However, the criminal law does not impose harsher penalties if you refuse. They will likely assume that you had something to hide. Q: What happens if I refuse the blood or breath test?Īs mentioned above, a refusal is not very good evidence for the jury to hear. This small roadside breathalyzer is called a preliminary breath test or a "PBT." The results are not admissible for the District Attorney’s case, or for your defense case. Likewise, your license will not be suspended because you refused the hand-held test. Only the test given on the table-top machine at the station is admissible.
The hand-held breath test that the officer gives you on the roadside can't be used against you in court. And keep in mind, if you refuse the test your driver’s license will be suspended for 12 months, instead of 90 days on a first offense. Juries will tend to assume that because you refused the test that you had something to hide. In the eyes of the jury, this is not good. However, if your case were to go to trial, the District Attorney would be able to talk about how you refused the test. Q: Am I required to take a blood or breath test? You should politely decline to respond to any of the police officers questions. And believe me, anything you say will be used against you if it helps the case of the Colorado District Attorney. Otherwise, you have a right to remain silent. You do have to identify who you are, but that's about all.
Q: Do I have to answer the officer's questions? You do not have to offer an explanation, and should not make any statements other than that you are politely declining to take the tests. You have a right to decline them, however, and should. He or she may instruct you to get out of the car and tell you to start doing the tests. These field sobriety tests are voluntary. Q: Is it mandatory that I do the roadside tests? If you request a hearing, you'll be given a temporary permit that will allow you to drive until the date of the hearing. You may request a hearing on your license suspension by taking your notice of revocation to the DMV. Q: Do I have the right to challenge my license suspension? If you made incriminating statements after you are formally arrested, your defense attorney may be able to have those statements suppressed. They do not prevent the officer from testifying against you about his observations. But keep in mind, Miranda rights only apply to your statements. But once you are handcuffed he must read you your rights if he is going to ask you any more questions. When the officer first pulls you over, he can ask you questions without giving you your rights. But you could win your case because of this. Q: The police officer didn't read me my Miranda rights.
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