Understanding Colorado’s Express Consent Law: What It Means for Drivers

November 28, 2024

In Colorado, any driver who operates a vehicle is subject to the state's Express Consent Law. This law requires that if you are lawfully stopped by law enforcement under suspicion of impaired driving, you must consent to a chemical test to measure your blood alcohol concentration (BAC) or the presence of drugs. Understanding how this law works, what it requires of you, and what happens if you refuse is crucial for any driver in Colorado.


What is the Express Consent Law?

Colorado’s Express Consent Law, sometimes referred to as "implied consent" in other states, essentially means that by driving on Colorado roads, you automatically agree to submit to a chemical test if law enforcement suspects you of driving under the influence (DUI) or driving while ability impaired (DWAI). This test can be a breathalyzer or blood test, depending on the situation and the type of impairment suspected.


If an officer has reasonable grounds to believe you are impaired, they may request a chemical test. Refusing to take this test can have immediate and significant consequences, regardless of whether you are ultimately found guilty of DUI or DWAI.


What Happens if You Refuse a Chemical Test?

If you refuse a chemical test under the Express Consent Law, Colorado imposes strict penalties, including:

  1. Immediate License Suspension: Refusing a chemical test triggers an automatic license suspension. For a first refusal, this suspension lasts for one year. Subsequent refusals can lead to even longer suspensions.
  2. Ignition Interlock Device Requirement: After the suspension period, you may be required to install an ignition interlock device on your vehicle. This device prevents the vehicle from starting if it detects alcohol on your breath.
  3. Designation as a Persistent Drunk Driver (PDD): Refusing a chemical test can classify you as a Persistent Drunk Driver (PDD), regardless of your prior driving record. This designation brings additional requirements, such as extended interlock device use and mandatory alcohol education programs.
  4. Potential Legal Consequences: In court, refusal to take a chemical test can be used as evidence against you. Prosecutors often argue that refusal implies an attempt to hide impairment, which may weaken your defense and lead to harsher sentencing.



Exceptions and the Right to Choose Your Test

Colorado drivers have the right to choose between a breath or blood test in most cases. However, there are exceptions to this rule:

  • Drug Impairment: If law enforcement suspects drug use, they may require a blood test rather than a breath test, as breath tests do not detect drugs.
  • Medical Reasons: Certain medical conditions or the unavailability of specific testing equipment can determine the type of test administered.
  • Accident-Related Testing: In the case of serious accidents, law enforcement may be permitted to require a blood test without a driver’s consent.


Why Colorado Has an Express Consent Law

The purpose of Colorado’s Express Consent Law is to keep roads safe by deterring impaired driving and making it easier for law enforcement to identify and prosecute those who drive under the influence. By discouraging refusals, Colorado seeks to ensure that more drivers comply with testing, which in turn helps to reduce accidents caused by impaired driving.


Defending Against Express Consent Law Violations

If you’ve been charged with a DUI or have refused a chemical test, understanding your rights and potential defenses is critical. An experienced attorney can examine the details of your case to determine if law enforcement followed proper protocol when requesting a test. For example, officers must have reasonable grounds for the stop, must follow precise testing procedures, and must inform you of the consequences of refusal.


Possible defenses may include challenging the legality of the traffic stop, disputing whether the officer had reasonable suspicion, or identifying errors in the handling or analysis of chemical test results. Additionally, if you believe there were valid reasons for your refusal (such as a medical condition), your attorney may be able to argue for leniency.


The Importance of Legal Representation

Colorado’s Express Consent Law can lead to severe consequences, especially for those who refuse a chemical test. However, you are not without options. By consulting with a knowledgeable DUI attorney, you can understand your rights, evaluate possible defenses, and work toward minimizing the impact of a DUI charge or refusal on your life.


We have extensive experience handling DUI cases and helping clients navigate Colorado’s complex impaired driving laws. Whether you’ve been charged with a DUI or are facing penalties due to a chemical test refusal, we’re here to provide guidance and advocate for your rights.


If you have questions about Colorado’s Express Consent Law or need legal assistance, contact us today for a consultation. Protecting your rights is our top priority.

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The Separation of DMV Hearings and Criminal Court in Colorado DUI Cases

December 26, 2024
In Colorado, a DUI arrest sets into motion not one but two distinct legal processes: a criminal court case and a Department of Motor Vehicles (DMV) administrative hearing. Many people are unaware that these two systems operate independently and carry different implications for a driver’s future. If you or someone you know is facing DUI charges in Colorado, understanding the separation between DMV and criminal court is critical. Each case follows unique rules, timelines, and consequences that can affect your driving privileges, legal record, and overall freedom. Why Are DUI Cases Handled Separately? Colorado treats driving under the influence seriously, and its laws reflect a commitment to road safety. Separating the DMV and criminal court cases allows the state to address two different but related issues: Criminal Court Case: The criminal court determines the legal guilt or innocence of the DUI charge and, if found guilty, imposes penalties like fines, probation, jail time, and court-ordered treatment. DMV Administrative Hearing: The DMV hearing focuses solely on whether the driver’s license should be suspended or revoked due to impaired driving. This is an administrative process and does not determine guilt or innocence in the criminal sense. The state’s goal is to ensure both public safety and proper legal handling of DUI charges by maintaining these separate processes. What Happens in Criminal Court for a DUI? When you’re charged with a DUI in Colorado, your case will be handled in criminal court, where a judge or jury examines the evidence to determine guilt or innocence. If convicted, you could face severe penalties, including: Fines and court fees Jail time or probation Alcohol education or treatment programs Community service Points on your driving record Your attorney will work to build a defense in criminal court, challenging evidence, questioning the legality of the traffic stop, or negotiating a plea deal to reduce or dismiss the charges. What Happens at a DMV Hearing? In parallel with your criminal case, the DMV schedules an administrative hearing to address the suspension or revocation of your driving privileges. You must request this hearing within seven days of your DUI arrest; otherwise, you risk an automatic license suspension. Here, the focus is not on whether you’re guilty of a DUI in a criminal sense, but on whether your blood alcohol concentration (BAC) was above the legal limit or if you refused a chemical test, which can result in an automatic suspension. Key factors the DMV considers include: Was your BAC at or above 0.08%? Did you refuse a chemical test, which automatically triggers penalties under Colorado’s Express Consent Law? Was the DUI arrest conducted within lawful guidelines? Unlike criminal court, the burden of proof at a DMV hearing is lower. The hearing officer only needs to determine if the evidence supports a license suspension based on probable cause and testing results. Final Thoughts: Navigating the Dual Challenges of DUI Charges Facing a DUI charge in Colorado is complicated, particularly with the dual challenges of criminal and DMV proceedings. Understanding the differences between these processes is essential to protecting your rights and minimizing the consequences. At [Your Law Firm Name], we are committed to guiding you through each step, helping you retain your driving privileges where possible and building a strong defense in court. If you’re dealing with a DUI charge, contact us today to discuss your case and learn how we can assist you in both the DMV and criminal court. We’re here to protect your rights and help you move forward.

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