Colorado law, including Department of Health regulations, provide that an individual suspected of drunk (or drugged) driving must be given either a breath test or a blood test within two hours of the last time they drove. This is designed to get the most accurate reading of the chemical content in a person’s system, close to driving.

Refuse a Test = Suspension of Driving Privileges

Colorado courts have decided that drivers must cooperate (in other words not interfere) with this process. Any substantial interference or resistance will be considered a refusal. A refusal to cooperate earns the driver as much as a one-year suspension of her/her privilege to drive in Colorado.

When Is a Test Delay Permissible?

Stumpf v. Department of Revenue 231 P. 3d 1 (Colo. App.  2010) holds that a delay in testing of up to three and one-half hours from the last driving is permissible so long as the test has some evidentiary value. In this case, the court of appeals held that the rate of alcohol absorption was more important than the length of time between driving and testing.  In other words, if the state administers either a blood test or a breath test outside the two-hour window, the results can still be used against you in a license revocation proceeding.

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Colorado Criminal Defense Lawyer Shaun Kaufman 

Shaun Kaufman is a Denver, Colorado DUI lawyer, with nearly thirty years experience in the criminal justice system, who will continue to argue that the state cannot use unreliable evidence in an effort to prosecute those accused of crimes. He is a courtroom lawyer who believes that the government should stick to the rules.

To contact Shaun Kaufman Law, call 303-309-0430 any day of the week, 24 hours a day, holidays included.  Or, fill out the contact form on the right side of this page and Shaun will get back to you as soon as possible.