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.