Legal Question in DUI Law in Colorado

dui

I was stopped for speeding, and ask to do roadside test for sobriety,I complied, PD off. stated I did not perform them correctly, asked me to do a breathalizer test. I blew 4 times on the test, the off. said it did not have a reading, I said give me a blood test. Off. took me to pd station and insisted I blow into the big machine there. I refused, then he had me sign the refusal paper and took my liscense. Does this consitute refusal?? I live in Co.


Asked on 1/27/08, 7:20 pm

2 Answers from Attorneys
Clifton Hypsher Hypsher & Assoc., LLC

Re: dui

Under the case law this was not a refusal. (I assume the first breath test was a portable by the roadside.) If you ask for a blood test the police are generally obligated to get you a blood test. I'd suggest you get counsel on this case. Where do you live in Colorado?

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Answered on 1/28/08, 9:53 am
Jim Forslund Law Office of James C. Forslund

Re: dui

If you chose blood and if there were no unusual circumstances which would prevent a blood draw from being taken, it is not a refusal. You should challenge the loss of your license within 7 days or else you will not be legal to drive for a year.

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Answered on 1/27/08, 7:28 pm


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