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Breath Test Refusal Lawyer in Denver, Colorado

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Refusing a breath test in Colorado can have serious consequences on your life. Don't plead guilty. And don't leave your case in the hands of inadequate representation. If you have been charged with refusal, it's crucial to seek the help of an experienced DUI offense lawyer in Denver to protect your rights and fight for a favorable outcome.

Attorney Chris Cessna is a certified DUI defense expert who has championed Colorado clients' rights for over twenty years. He stands out as the only defense attorney in the state with NHTSA certification to instruct on the administration of standardized field sobriety tests. This qualification gives him a competitive advantage in defending breath test refusal charges, allowing for a deep understanding of the testing process and the ability to expose any potential flaws or rights violations.

The Law Office of Christopher H. Cessna offers skilled defense services across Denver, Jefferson County, Douglas County, Boulder County, Arapahoe County, and Adams County for those accused of breath test refusal. Contact the firm today to schedule a free consultation and learn how Attorney Chris Cessna can provide you with the best possible defense.

Understanding Colorado Laws on DUIs and Breath Test Refusal

In Colorado, drivers are considered under the influence with a BAC of 0.08% or higher. For those under 21, the limit is 0.02% due to zero-tolerance laws. A BAC of 0.05% to 0.079% is classified as driving while ability impaired (DWAI) and also incurs penalties.

When a person is suspected of DUI, law enforcement officers usually conduct field sobriety tests and request the suspect to submit to a chemical test, such as a breathalyzer. You may be wondering, "I thought I had the right to refuse a breath test?" It's a common misconception that refusing a breath test will help avoid immediate penalties, but in Colorado, this can lead to significant consequences.

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Under the state's "Express Consent Law," drivers are required to submit to a chemical test if an officer has probable cause to believe they are impaired. Refusing a breath test can lead to immediate administrative penalties and additional criminal charges.

For a first-time breath test refusal, the penalties include:

Immediate revocation of your driver's license for one year

Potential additional fines and court fees

Mandatory alcohol education classes or treatment program

Installation of an ignition interlock device (IID) upon license reinstatement

A second-time breath test refusal results in more severe penalties:

Revocation of your driver's license for two years

Increased fines and additional court costs

Extended alcohol education classes or treatment program

Installation of an ignition interlock device (IID) for an extended period upon license reinstatement

For third-time and subsequent breath test refusals, the penalties are significantly harsher:

Revocation of your driver's license for three years

Substantially higher fines and court fees

Mandatory enrollment in an extended alcohol education or treatment program

Permanent installation of an ignition interlock device (IID) upon license reinstatement

Potential jail time, depending on the circumstances and prior offenses

A driver's refusal to take a breath test can also be used against them in court. Prosecutors are allowed to argue that refusal itself indicates consciousness of guilt. This can complicate the defense's ability to advocate for reduced charges or penalties.

However, an experienced criminal defense attorney like Attorney Chris Cessna can help navigate these complexities, potentially uncovering procedural missteps or rights violations that could lead to a more favorable outcome.

You Deserve a Solid Defense

Many believe that a breath test refusal leaves them with no option but to plead guilty. However, numerous factors can influence the veracity of the charges against you, including whether the law enforcement officer had probable cause to request the test and if you were properly informed of the consequences of refusal.

The Law Office of Christopher H. Cessna offers personalized legal counsel that addresses each client's unique circumstances. Unlike larger firms, where clients may feel like just another case number, Attorney Chris Cessna ensures you receive the attention you deserve. He takes the time to understand your situation fully, investigate all potential defense strategies, and compassionately guide you through the legal process with integrity.

Drawing on over two decades of experience and an NHTSA certification to instruct on the administration of standardized field sobriety tests, Attorney Chris Cessna has established a formidable reputation for effective DUI defense. He has enabled numerous clients to protect their rights and achieve favorable outcomes.

Facing a breath test refusal charge is stressful enough; finding the right attorney shouldn't add to that burden. The Law Office of Christopher H. Cessna offers free, no-obligation consultations where Attorney Chris Cessna will review your case, ask questions, and discuss potential defense strategies that point toward your best possible outcome.