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Refusal to submit to roadside

Aurora, CO |

In the State of Colorado if an officer states he wants you to do a roadside if he suspects you have been drinking & you refuse, do you automatically get an alcohol convictions, such as a DWAI?

Attorney Answers 5


  1. You should contact a local defense attorney about the issue. In most states, you have the absolute right to refuse all field sobriety tests. These are commonly called called "roadside tests." However, since driving in all states is a privilege and not a legal right, you will be penalized by the motor vehicle department if you refuse to give a blood, breath or urine sample.

    If ever in doubt, you should ask the officer if you are obligated to take the test and what the repercussion would be for failing to do so.


  2. SFST's - Standardized Field Sobriety Tests are completely voluntary in the state of Colorado. You do not have to do them. If you refuse to submit to a chemical test of your blood or breath, you will be charged with DUI and will have to fight that charge.

    Nothing is automatic - no matter what you are charged with, the State still needs to prove the elements of the crime beyond a reasonable doubt in order to obtain a conviction.

    The Orr Law Firm, L.L.C - 303-818-2448 - Is Colorado's Premier DUI and Criminal Traffic Defense Law Firm. Rhidian Orr is the senior partner and owner of the firm and focuses his practice exclusively to DUI and criminal traffic matters in the state of Colorado. His decision to answer your questions does not constitute an attorney/client relationship. The Orr Law Firm offers FREE Consultations and we encourage that you contact his firm to discuss your case in more detail.


  3. While I am not licensed in CO, many states require a mandatory suspension of your license for refusal to accept a breath test.

    As has been previously noted: driving is often considered a privilege, not a right. However, there are often exceptions to the rule, i.e. limited privileges for such tasks as work, school, grocery shopping, etc..

    Consult a local CO attorney regarding the matter if you have been formally charged with a DUI/DWI.

    Please be advised that nothing in this posting is meant to supplement the advice of an attorney and The Law Office of Robert J. Lee, P.A. and/or Robert J. Lee has not undertaken any professional responsibility with regard to your case unless otherwise agreed.


  4. Mr. Orr is correct. In Colorado, you can refuse the "roadside sobriety tests." However, if the officer decides he has probable cause to arrest you for DUI even without roadside sobriety tests, you then have a choice of a blood test, a breath test, or a refusal. These are not "roadside tests." If you refuse, they will still charge you with DUI, and your refusal may be used in evidence against you. In addition, if you refuse to take a blood or breath test, your drivers license will be revoked for that refusal


  5. No. In fact I can think of no reason why anyone would submit to the so called "voluntary" roadside tests. I know of NO ONE who has ever passed these "tests."

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