The police chief of Avon, Colorado, is saying that he wants to change current Colorado laws and require suspected drunk drivers to submit to a blood test if they say no to a Breath test. According to this CBS News report, Police Chief Brian Kozak is saying that he wants this rule change because “some drunk drivers don’t get the punishment they deserve.”
Drivers in Colorado can legally refuse a Breath or blood test if there are no injuries or death. The chief is saying that he wants this new law to be used based on DUI history. For example, he says first-time offenders for a DUI in Colorado will likely not be asked to give a blood sample. However, based on this new law, if more suspected offenders refuse a blood test, then police can seek a search warrant from a judge and use that to draw blood from the person.
Kozak’s plan basically eliminates a repeat offender’s right to refuse a blood test for alcohol content. Kozak says he does not anticipate any legal problems because he says Colorado law states police officers can obtain a search warrant for any type of crime and “why should we treat DUI any different?”
Such a law would infringe on the rights of all drivers. Colorado law states that drivers have the right to refuse breath or blood tests under most circumstances.
The Colorado DUI defense lawyers at Bussey Law Firm have often found that breath tests are not always accurate measures of a driver’s level of intoxication. Whatever your situation, if you have been charged with a DUI in Colorado Springs, you need skilled legal representation right away. Please consult a DUI defense lawyer at the Bussey Law Firm to find out how we can help protect your legal rights. Call us today for a free consultation.