How Colorado’s Express Consent Law Affects DUI Cases

If you’re pulled over for suspected drunk driving in Colorado, one law will immediately come into play: the Express Consent Law. This statute means that by simply operating a vehicle on Colorado roads, you’ve already agreed in advance to submit to a chemical test if lawfully arrested for DUI or DWAI.

While it may seem straightforward, this law carries serious consequences for those who refuse testing. It can also significantly affect the outcome of your case if you are charged with a crime. Let our criminal defense attorneys help you understand this statute.

What Is the Express Consent Law?

Colorado’s Express Consent Law states that anyone who drives a motor vehicle in the state automatically consents to a chemical test—either breath or blood—if lawfully arrested for suspicion of DUI or DWAI. This is not the same as the roadside “preliminary breath test,” which can be refused without penalty. The Express Consent Law only applies after a legal arrest, and refusal at that point triggers serious administrative and legal consequences.

Consequences of Refusing a Test

Refusing a chemical test after a DUI arrest doesn’t mean you avoid trouble. In reality, refusing to submit to a test could make things worse. A refusal results in automatic license suspension for one year, even if you’re not convicted of DUI. It can also lead to your classification as a persistent drunk driver, requiring mandatory alcohol education and ignition interlock installation. Most importantly, prosecutors can use your refusal as evidence of guilt in court.

When and How Testing Is Required

Chemical testing under the Express Consent Law is only required after a lawful DUI or DWAI arrest, not during an initial stop. Once arrested, the officer will advise you of your rights and the consequences of refusal. In most cases, you may choose between a blood or breath test, though certain factors like medical conditions or suspected drug use may determine which test is offered. The results can play a central role in both criminal and administrative proceedings.

Your Rights Under the Law

Even under the Express Consent Law, you still have legal rights. You can request a DMV hearing to challenge the automatic license suspension, but you must act quickly. Typically, you will need to request a hearing within seven days or receiving the notice of suspension. You also have the right to consult an attorney, but not before submitting to the chemical test. Understanding these rights and acting fast can significantly improve your chances of a favorable outcome.

Discuss Your Defense With Rodemer | Kane

If you have been accused of driving while intoxicated, the law surrounding your blood or breath test results could have a significant impact on your case. In some situations, the failure by the state to properly conduct these tests or store samples could be enough to have your charge dismissed. Contact Rodemer | Kane today to learn more.