Colorado law requiring any person who drives in the state to consent to chemical testing for alcohol or drugs.
“From there, if an officer believes that they have probable cause to make an arrest, um they will arrest the person with a DUI. Um and at that point, express consent takes effect. So, in Colorado, express consent is the idea that by driving in the state of Colorado, you've already consented to a chemical test of your blood or your breath.”
“Now, often times you can refuse that test. Officers generally don't make you do the test, but um you've already consented to a chemical test, your blood or your breath. And so, from there, they'll either transport you to the hospital or to the police station, um where that chemical test will be done. And that's a big one is is obviously when those results come back depending on the outcome if it's over .008. Um that's a big factor in in the evidence that the DA is going to be using at trial.”
“So, in Colorado, express consent is the idea that by driving in the state of Colorado, you've already consented to a chemical test of your blood or your breath.”
“going to ask you if you want to take a breath or a blood test now this is something that a lot of people get confused on in the state of colorado you absolutely have the right to refuse testing some police will tell you that you can't refuse but you can you can say no i don't want to do any kind of test there are different questions as to whether you should do a test or not”
“again if people call us we can go to the dmv ask them to reinstate their license and they can get their license back within 30 to 60 days so long as we are able to get that dmv hearing in time now what's really really important to understand is if you refuse a breath test or a blood test or you take a breath test you only have seven days from the time you get pulled over to the time that your license is gonna be completely revoked you only have seven days to request that dmv hearing if you miss the deadline for the request you don't have a license for a year so that really stinks that's why we're always telling our clients call us as soon as you get pulled over yeah for”
“there's going to be a sheet of paper the DUI officer fills out, and it's called the Express Consent Affidavit form. What this is, is they're gonna be going over whether you choose to do a breath test, a blood test, or whether you refuse. And this is what's sent to the Department of Motor Vehicles to determine how they proceed.”
Alexis explains: "again if people call us we can go to the dmv ask them to reinstate their license and they can get their license back within 30 to 60 days so long as we are able to get that dmv hearing in time now what's really really important to understand is if you refuse a breath test or a blood test or you take a breath test you only have seven days from the time you get pulled over to the time that your license is gonna be completely revoked you only have seven days to request that dmv hearing if you miss the deadline for the request you don't have a license for a year so that really stinks that's why we're always telling our clients call us as soon as you get pulled over yeah for"
Answered by Alexis Austin Litle · Watch clip ↗Right Law Group's guide explains: "Key Findings on Prescription DUID Charges If you’re facing a DUID (Driving Under the Influence of Drugs) charge in Colorado involving medication prescribed by your doctor, you are likely feeling shocked, confused, and unfairly targeted."
Source · Read guide ↗Right Law Group's guide explains: "You took a breath test after your DUI arrest, and the prosecution is treating that BAC number as absolute proof of guilt."
Source · Read guide ↗Right Law Group's guide explains: "Driving Under Suspension in Colorado // FREE Consultation or Charged in CO? Driving under suspension, also known as driving with a suspended license, can carry significant penalties in Colorado."
Source · Read guide ↗Alexis explains: "going to ask you if you want to take a breath or a blood test now this is something that a lot of people get confused on in the state of colorado you absolutely have the right to refuse testing some police will tell you that you can't refuse but you can you can say no i don't want to do any kind of test there are different questions as to whether you should do a test or not"
Answered by Alexis Austin Litle · Watch clip ↗Right Law Group's guide explains: "What is Colorado Express Consent Law? Do I have a right to refuse the Breathalyzer? All states have a version of express consent."
Source · Read guide ↗Right Law Group's guide explains: "This is your first run-in with the law. In fact, it’s your first DUI arrest, and you’re horrified. You’re a good person."
Source · Read guide ↗Right Law Group's guide explains: "If you’re stopped for suspected DUI in Colorado, one of the most confusing moments happens when the officer asks you to step out of the vehicle and perform roadside tests."
Source · Read guide ↗Right Law Group's guide explains: "A solid DUI defense is critical. If you have been arrested for DUI in Colorado, you only have seven days to request an administrative review from the DMV."
Source · Read guide ↗Right Law Group's guide explains: "This timeline focuses on a first-time DUI offense in Colorado involving alcohol with a BAC below 0. 15%, as this scenario presents unique opportunities for early interlock removal."
Source · Read guide ↗Right Law Group's guide explains: "A Complete Guide to Colorado DUI Consequences Getting pulled over for suspected DUI can be one of the most terrifying experiences of your life."
Source · Read guide ↗Each answer links directly to the source where a Right Law Group attorney addressed this question.
11 answers grounded in Right Law Group sources
a DUI case
knows the law and helps represent you to the best of their ability
helped me get a DUI case dismissed in El Paso county
pulled over in Manitou Springs and accused of a DUI… even though I was completely sober!
They took the time to hear me out, review every detail of my case, and make sure I was never left in the dark
Dismissed at the DMV hearing, and dismissed in court