In Colorado has an express consent law which is noted in Colorado Revised Statutes (CRS) 42-4-1301.
The Express Consent Law means that when you operate a motor vehicle within the state of Colorado, you have already agreed to take a chemical test of your blood, breath, or urine to determine the alcohol and/or drug content of your blood. The law is designed specifically to quickly remove the drinking or drugged driver from the roads.
If you refuse to take the test or do not cooperate with the testing procedure (i.e. refusing to take the breathalyzer test) your license will be revoked for a period of one year. If other suspensions or revocations come about from this same incident, they will be added onto the end of the revocation (consecutively).
CRS 42-2-126 is the law that notes that in section 1a that to provide safety for all persons using the highways of this state by quickly revoking the driver's license of any person who has shown himself or herself to be a safety hazard by driving with an excessive amount of alcohol in his or her body and any person who has refused to submit to an analysis as required by section 42-4-1301.
Since having your driving privileges revoked for excessive alcohol content or refusing a chemical test is required by CO state law then to reinstate your license you have to take certain steps, including obtaining and maintaining proof of financial responsibility with a SR-22 filing.
CRS 42-7-408 discusses proof of financial responsibility, the methods of giving proof and duration.
This CO law states that proof of financial responsibility for the future, when required under this article, may be given by the following alternate methods: (I) Proof that a policy of liability insurance has been obtained and is in full force and effect or that a bond has been duly executed or that deposit has been made of money; or (II) Securities.
An SR-22 is normally required for a 3 year period however Section (c) of CRS 42-7-408 states that notwithstanding the three-year requirement: (I) If an insured has been found guilty of a driving offense pursuant to section 42-4-1301 (1) or (2) (a) or if the insured's license has been revoked pursuant to section 42-2-126, only one time and no accident was involved in such offense, proof of financial responsibility for the future shall be required to be maintained only for as long as the insured's driving privilege is ordered to be under restraint, up to a maximum of three years. The time period for maintaining the future proof of liability insurance shall begin at the time the driver reinstates his or her driving privilege.
So it appears that an SR22 will be required once your driver's license revocation period for refusing to take a breathalyzer test is over. At that time you should find out for the state the exact period of time you will need to maintain the SR22 filing with your insurance company.
For a Colorado auto insurance quote, click here.
|