Should I refuse a blood test? What will happen if so?

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Message about Blood Test Refusal Marijuana legalization in Colorado comes with new laws regarding driving under the influence. The law in Colorado has set a legal limit for the amount of active THC in your system to be considered impaired. Though people metabolize THC at different rates, and can vary widely from person to person, the state has settled upon a legal limit is 5 or more nanograms of THC per milliliter of blood. If police do suspect that you are driving while high on marijuana, the officer can require you to submit to a blood test. Refusing this test is not advisable, as refusal comes with a host of consequences.

Roadside Sobriety Testing for Marijuana

Currently, police do not have a breathalyzer test for marijuana use. If pulled over, you may be asked to perform a series of field sobriety tests, or the officer may immediately arrest you for impaired driving. If the officer then reasonably believes you are over the limit, you will be arrested and asked to submit to a blood test at the police station.

Colorado’s Express Consent Law: Why You Must Consent to a Blood Test

Law enforcement officers are trained to observe instances of impaired driving. If an officer makes a traffic stop based on suspicion that the driver is impaired, the officer may request the driver submit to a breathalyzer or blood test. If pulled over, the driver does not have the option to speak to an attorney prior to submitting to one of these tests – a request to speak to an attorney may be deemed a refusal.

The Express Consent law requires any driver pulled over by Colorado police to consent to a chemical test if the officer reasonably believes that the driver is driving under the influence of alcohol, drugs, or both. If you refuse consent to a chemical test, you will immediately lose your driver’s license and will be categorized as a high risk driver. The punishment for refusing a chemical test includes one year without a drivers’ license, two years of mandatory ignition interlock, as well as therapy and alcohol education in compliance with the law. Therefore, if you are ever pulled over by an officer and they suspect impaired driving, you must remember to consent to a chemical test in order to avoid the punishment for refusal.

Legal Procedure Involved with Blood Test Refusal

If you refuse a blood test, you will be served with an Express Consent Affidavit and Notice of Revocation. You will have one week to request a hearing. You do not have to request a hearing, but if you do not your driver’s license revocation goes into effect on day 8.

Arrested for Marijuana DUI and Refused a Blood Test?

If you have been arrested for a DUI involving Marijuana in Colorado, The Law Offices of Christian A. Schwaner, P.C. can work to reduce your penalty, and explain your rights and obligations. Contact us today for a free initial consultation.


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