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Photo Of Kyle B. Sawyer

Charged With A Crime? It Doesn’t Mean You’re Guilty.

DUI / DWAI Expressed Consent

Denver, Colorado DUI/DWAI Expressed Consent Defense Attorney

When you received your Colorado driver’s license, you gave your “expressed consent” (aka “implied consent”) to take a chemical test of your blood or breath as a condition of receiving your driving privilege in Denver, 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 you are arrested. If you refuse you will lose your Colorado driver’s license for at least a year. If you are facing DUI/DWAI charges, contact an experienced defense attorney to set up a free initial consultation to begin preparing your defense.

Roadside Portable Breath Test Vs. Breathalyzer Test At Police Station In Adams County

In Adams County and the rest of the Denver metro Area, a police officer will ask you to take a Portable Breath Test (PBT) if they suspect you of driving under the influence of alcohol or driving while ability impaired by alcohol (DUI/DWAI). They will make you think you cannot refuse the PBT, but this is not the case. Unlike a breathalyzer or blood test taken at the police station or hospital, a PBT is not required and is completely voluntary. Our experienced defense lawyers recommend that you refuse the roadside PBT, which can be inaccurate, and instead only consent to alcohol testing at the police department. Whether in Federal Heights or Lakewood, you are only required to take an alcohol test at the police department.

Breathalyzer Or Blood Test Expressed Consent In Douglas County

In essence, these Expressed Consent legal rules mean that you have already agreed to cooperate with law enforcement to provide either a blood or breath sample, at the Douglas County 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 to take (breathalyzer or blood test), 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.

Jefferson County DUI / DWAI Alcohol Testing Refusal

Every Colorado driver “consents” to alcohol level testing. Since every motorist automatically gives his or her “express consent” for such testing, if the motorist refuses, it can be implied as evidence of guilt (i.e., since the motorist chose not to submit to the test, he or she must have known he or she was guilty of DUI or DWAI). 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 at the Jefferson County Courthouse or Golden Municipal Court.

Lawyer For Revoked Colorado Driver’s License In Arapahoe County

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. Plus, you don’t want to have a revoked Colorado driver’s license. Now, more than ever, it is important to choose a Denver defense lawyer you can trust and who knows how to protect you. A Colorado driver’s license is critical toward earning a living and remaining mobile in Arapahoe County. Contact a Colorado DUI/DWAI lawyer at 303-731-0719 to best protect your driving privileges and freedom. The government will have an experienced Colorado lawyer on its side, shouldn’t you? Together, we can protect your future.

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