Colorado DUI / DWAI Expressed Consent
Expressed consent is important in Colorado.
When you received your Colorado driver's license, you gave your "expressed consent" (a/k/a "implied consent") to take a chemical test of your blood or breath as a condition of receiving your driving privilege in Colorado. Colorado DUI law states, "Any person who drives any motor vehicle upon the streets and highways and elsewhere throughout this state shall be deemed to have expressed such person's consent to the provisions of this section." Colorado Revised Statutes (C.R.S.) 42-4-1301.1(1). Those provisions require a blood or breath DUI test if arrested, or you are deemed to have refused, and you will lose your Colorado driver's license for at least a year.
In essence, these consent provisions mean that you have already agreed to cooperate with law enforcement to provide either a blood or breath sample, at the officer's request, following a traffic stop and your arrest on suspicion of DUI. At that time, you will have the option of electing which type of testing you choose ( breathalyzer or blood), but once you make a choice, you are not allowed to change your election. If for any reason, you refuse to cooperate with an officer of the law in submitting to the test, it will be considered a refusal.
Every Colorado driver "consents" for alcohol level testing. Since every motorist automatically gives their "express consent" for such testing, if the motorist refuses, it can be used as evidence of guilt (i.e., that since the motorist chose not to submit to the test, he or she must have known he or she was guilty). A refusal can be used against you in the criminal proceedings, as well as resulting in the forfeiture of your license in the DMV Administrative hearing.
It is important to note that as of July 2010, the mandatory sentencing laws for DUI / DWAI are much harsher, with mandatory jail time for first time offenders. Now, more than ever, it is important to choose an attorney you can trust and who knows how to protect you. A Colorado driver's license is critical toward earning a living and remaining mobile. Contact a Colorado DUI / DWAI lawyer at the O'Malley Law Office to best protect your driving privileges and freedom. The government will have an experienced Colorado lawyer on their side, shouldn't you?
