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Refusal To Take a B.A.C. (Blood Alcohol Content) Test In Colorado:

When a Colorado driver lawfully suspected of DUI refuses to submit to a chemical test, or to cooperate in the completion of the test chosen, then the DMV will suspend that person's license.  The length of the suspension is determined by the facts and circumstances of the case, and history of the individual.  DMV's default position under various circumstances is as follows:

1) Revoked for: Refusal - First Offense

DEFINITION:  First, the driver has 7 days to request a hearing.  When a driver refuses a chemical test for either drugs or alcohol for a first refusal offense, the default period of revocation is 1 year.

REINSTATEMENT REQUIREMENTS:

(1)  Application for Reinstatement (DR2870) form

(2)  $95.00 reinstatement fee (check/money order payable to the Department of Revenue).

(3)  SR22 for one year from date of reinstatement (if no prior alcohol revocations and no accident was involved),

(4)  Insurance Form SR22 for 3 years from date of reinstatement (if prior alcohol violations or if there was an accident).

(5)  Certification (DR2598) form completed.

TESTING:   A new license must be obtained by taking the eye, written and drive test.

2) Revoked for: Refusal - Second Offense

DEFINITION:  First, the driver has 7 days to request a hearing.  When a driver refuses a chemical test for drugs or alcohol for a second offense, the default period of revocation is 2 years.  The driver may request early reinstatement after one year under revocation, if  the driver is then eligible for a restricted license, with interlock, for the time remaining on the total restraint or 1 year, whichever is longer.

REINSTATEMENT REQUIREMENTS:

(1)  Application for Reinstatement (DR2870) form

(2)  $95.00 reinstatement fee (check/money order payable to the Department of Revenue)

(3)  SR22 for three years from date of reinstatement

(4)  Certification (DR2598) form completed

(5)  Voluntary Interlock Early Reinstatement:  In addition to the above requirements, DMV requires a certificate of installation of interlock device and a signed Interlock lease agreement on all vehicles on which your name appears on the registration, and any other vehicle you may drive:  Ignition Interlock Agreement Affidavit (DR 2058).   Lease agreement must cover the remainder of the restraint period or 1 year, whichever is longer.

TESTING:   A new license must be obtained by taking the eye, written and drive test.

3) Revoke Refusal Third offense

DEFINITION:   When a driver refuses a chemical test for either drugs or alcohol for a third or subsequent offense, the default period of revocation is 3 years.  The driver may request an early reinstatement after one year under revocation if the driver is then be eligible for a restricted license with interlock for time remaining on the total restraint or 1 year, whichever is longer.

REINSTATEMENT REQUIREMENTS:

(1)  Application for Reinstatement (DR2870) form

(2)  $95.00 reinstatement fee (check/money order payable to the Department of Revenue)

(3)  SR22 for three years from date of reinstatement

(4)  Certification (DR2598) form completed

(5)  Voluntary Interlock Early Reinstatement:  In addition to the above requirements, DMV requires a certificate of installation of interlock device and a signed Interlock lease agreement on all vehicles on which your name appears on the registration, and any other vehicle you may drive:  Ignition Interlock Agreement Affidavit (DR 2058).   Lease agreement must cover the remainder of the restraint period or 1 year, whichever is longer.

TESTING:   A new license must be obtained by taking the eye, written and drive test.

 

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Copyright 2009 Timothy Kelly & Associates, LLC - Attorneys & Counselors at Law
Last modified: 02/28/11

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