O'Malley Law Office, P.C. Free Initial Consultation
South Denver: 303-731-0719
North Denver: 303-916-9006
Toll free: 866-365-9351

Blog

DUI / DWAI Express Consent Attorney / Lawyer in Denver

The DUI / DWAI law of Colorado (C.R.S. 42-4-1301) concerns whether a person is driving under the influence of alcohol or drugs at the time of driving, while the Expressed Consent law (C.R.S. 42-4-1301.1), allocates responsibility to a driver to give a blood or breath sample to an officer prior to first speaking with an attorney in Denver, Arapahoe, and Adams County. In order for you to be licensed by the DMV in Colorado, you must give your consent to give a blood or breath sample if law enforcement say they have probable cause to charge you with DUI / DWAI.

For example, if you are pulled over for speeding, a police officer may ask if you have had anything to drink. You respond with "a couple drinks," the typical DUI / DWAI response. The officer then asks you to do VOLUNTARY roadside maneuvers, which you agree to do (please remember: it is never in your best interest to take the roadside sobriety tests). According to the officer's opinion, you fail the roadsides. After reading a card that talks about the Expressed Consent law in Colorado, he asks if you want to take a blood or breath test.

If you are hearing this blood alcohol sample question from police in Aurora, Lakewood, or Thornton, you will likely be facing charges of DUI / DWAI. The officer must have Probable Cause to ask you to submit to this chemical testing. And you are required to give the blood or breath sample to the officer or face losing your license to drive in Colorado. A "refusal" means that you failed to comply with the officer's request. Our attorneys have seen instances where officers declare a "refusal" when the person changes her mind about which test to take, or where the person is unable to make a decision based upon their intoxication level.

When you refuse to submit to an Expressed Consent test, your license will be revoked by the DMV for at least one calendar year. Consider the punishment with the DMV punishment of a DUI: in Douglas, Jefferson, and Larimer County, your license will be revoked, for a first offense, for a period of nine (9) months, but you will likely be eligible for reinstatement after one month of the revocation.

The ins and outs of the DUI Expressed Consent law require the help of an experienced criminal defense lawyer in the Denver metro area. So, if you or a loved one have been charged with DUI / DWAI, be smart, exercise your right to remain silent, and contact the attorneys at the O'Malley Law Officer at 303-731-0719. Together, we can protect your future.

No Comments

Leave a comment
Comment Information
Facing Charges? Get Help Now!

GET HELP NOW!

Tell us about your case and one of our experienced attorneys will get back to you promptly.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Case Results:

  • Sexual Assault and Rape charges related to divorce. Acquittal from jury trial. Weld County, Greeley, Colorado.
  • Sexual Assault on a Child, Possession of Child Pornography. Acquittal from jury trial. Jefferson County, Golden, Colorado.
  • Arson of Nursing Home. Dismissed by Court on Defendant's Motion to Dismiss. Jefferson County, Golden, Colorado.
  • Felony Drug Distribution. Acquittal from jury trial. Boulder County, Boulder, Colorado.
  • Rape and Sexual Assault charges involving divorce and child custody. Acquittal from jury trial. Douglas County, Castle Rock, Colorado.
  • Burglary and Felony Theft. Dismissed by District Attorney. Arapahoe County, Englewood, Colorado.
  • Theft of Drugs by Nurse. Dismissed by District Attorney. Jefferson County, Golden, Colorado.
  • Sexual Assault on a Child, Position of Trust. Acquittal from Jury Trial. Adams County, Brighton, Colorado.
  • Domestic Violence. Dismissed by District Attorney. Douglas County, Castle Rock, Colorado.
  • Violation of Restraining Order. Dismissed by District Attorney. Douglas County, Castle Rock.

24 hour emergency service Same-day jail visits Free initial consultation Reasonable fees Flexible payment plans

Call Toll free: 866-365-9351 South Denver: 303-731-0719 North Denver: 303-916-9006 Email us

FindLaw Network

Privacy Policy | Business Development Solutions by FindLaw, a Thomson Reuters business.