I understand that refusal to test in many jurisdictions is considered equivalent to a positive test. That is what I have been led to believe here in Colorado. Is this correct? Also, for pilots specifically, a refusal is considered by the FAA to be an admission of guilt and you will have your medical suspended until substance abuse evaluation and rehabilitation is completed. Thanks.
Every state has its own laws regarding the breath or blood test. The limit throughout most states is .08. Refusing a test does not equate to an automatic .08 test result. Pilots are under a much stricter standard by way of the FAA. Colorado does not have a separate statute for pilots. The FAA has it's own rules for pilots. There are penalties for refusing a breath test (usually a driver's license suspension) but a refusal does not equate to a failed test. You can read the statute at Colo. Rev. Stat. sec. 42-4-1301.1. I hope this helps.
I understand that refusal to test in many jurisdictions is considered equivalent to a positive test. That is what I have been led to believe here in Colorado. Is this correct? Also, for pilots specifically, a refusal is considered by the FAA to be an admission of guilt and you will have your medical suspended until substance abuse evaluation and rehabilitation is completed. Thanks.
Every state has its own laws regarding the breath or blood test. The limit throughout most states is .08. Refusing a test does not equate to an automatic .08 test result. Pilots are under a much stricter standard by way of the FAA. Colorado does not have a separate statute for pilots. The FAA has it's own rules for pilots. There are penalties for refusing a breath test (usually a driver's license suspension) but a refusal does not equate to a failed test. You can read the statute at Colo. Rev. Stat. sec. 42-4-1301.1. I hope this helps.
nice video :)
Thanks for the feed back. It's true, the less evidence they have, the more difficult it is to convict someone.