Colorado’s Express Consent Law and DUI’s

Drunk Driving Denver Co_ Colorado_s Express Consent Law and what it means if you get pulled over

What happens if you get pulled over by the police on suspicion of drunk or drugged driving? If you get arrested for a DUI, will you decide on a breath or blood test or refuse either. Are you in fact required to take one or can you refuse to take the test? Will a refusal revoke your driving privileges?

What is the Colorado Express Content Law all about? Colorado DUI law states that a person who drives a vehicle in the State of Colorado agrees ahead of time (expressly consents) to take and complete a test of his or her blood (by blood draw) or breath (by Intoxilyzer).  That is why it also applies to out-of-state drivers who drive on the streets and highways of Colorado.  It has nothing to do with having a Colorado driver’s license or not, just the fact you are driving here you impliedly agree to take a test when asked by law enforcement.  If the officer has probable cause to believe you are under the influence of alcohol or a drug, or if the officer has probable cause to believe you are driving while impaired “to the slightest degree” by alcohol or a drug, then the officer can ask you to take a test to determine the alcohol or drug content in your system.

If your chemical test reveals that you have .08 or higher of alcohol in your system, your driving privileges will be “revoked”. You can though get an Interlock placed in your car to drive for an “early reinstatement” of privileges. If it is drugs though, you will not lose your driving privileges if you cooperate with a blood test.

You may “refuse” to submit to a test of your breath or blood. A refusal, if upheld at a hearing which you have a right to, will revoke your license for at least 12 months.  If you are a resident of Colorado, you can get an interlock installed in your car to keep driving after a 60 day “no drive” period.  At trial the government may be able to tell the jury about your “refusal” when stopped by law enforcement.

It is up to law enforcement to insure that any chemical test is taken within two hours of when you last drove. If the officer suspects alcohol when you can choose between a test of your breath or blood.  If the officer suspects  drugs then you are only offered a blood test. Once you decide which test to perform, you can’t change your decision.

In the event that you have been arrested for DUI in Colorado; get assistance from a reputable experienced DUI Attorney Denver. Your Denver DUI Lawyers can help to win your case. Not at all like other traffic charges, which may be worth battling without a legal counselor, conviction for a DUI has serious outcomes – particularly if the incident included harm to individuals or property, or in the event that it’s you’re second or subsequent DUI.

Minimize the impact of a DUI and hire a lawyer who specializes in defending people charged with Driving under the Influence of Alcohol and/or Drugs (DUI and DUID) and is thoroughly educated about Colorado State’s laws regarding the framework of the court system.