The answer is maybe. You are allowed to recant a refusal, but the recantation must be made within a reasonable amount of time and while the officer is still processing your arrest and paperwork. As Mr. Lubchenco and Mr. LeRoi have stated, you need an attorney as the exact timeline and order of facts will be the deteriming factor on whether the officer denied you the right to exculpatory evidence or whether you actually refused. A lot will depend on the officer's report and his oral testimony.
Remember that on a refusal case, you only have 7 days from the date of arrest to go to the CO DMV and request a hearing, so make sure you have done this so that your preserve your right to a hearing to fight the pending 1 year revocation of your driving privileges.
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The best advice I can give is to talk to a DUI attorney. So many issues can arise in these types of cases and they are so fact specific. It is great that you requested a hearing. They are an essential component to defending your case.
You are in a tough spot for your hearing with DMV but that fact is very helpful for trial. It is important to consider trial and fully explore all of your options and defenses.
Any suspension you get as a result of a plea or conviction will be consecutive to your revocation for the refusal.
There are quite a few good DUI attorneys on avvo. Give one or more of us a call and find one you like and can afford.
Lubchenco, Kendrick, & Baldridge, L.L.P. 720-644-6413. The information provided here does not create an attorney-client relationship. If you are interested in a free consultation, please contact us at 720-644-6413.
Mr. Lubchenco is absolutely correct and I would start off by speaking with him for an initial consultation. Normally, after you refuse a chemical test of your blood or breath (not the roadside PBT test) or after you chose one (breath or blood), you can not change your mind. However, you need to have an attorney look into this as it is extremely fact-specific.
The information provided in this answer does not create an attorney-client relationship. If you are interested in his legal services, feel free to call Chris at (303) 409-7635 at his law office in the Denver Tech Center. All initial consultations are free of charge.
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