About Colorado's Express Consent Law
How The Express Consent Law Affects You
In our state, if a police officer has reasonable grounds to believe you
are driving under the influence of alcohol and/or drugs, the law necessitates
that you consent to a chemical test. These are
breath and blood tests and their purpose is to determine your blood alcohol content. You are
allowed to choose which test to take but once you have made that decision
it cannot be changed and if you fail to take or complete the test you
chose, it will be looked upon as a refusal. Failing to consent to a chemical
test will result in an automatic revocation of your driving privileges
for at least 1 year.
At The Samuelson Law Firm, we can review your case and inform you as to
your rights and what will need to be done to produce a favorable outcome
against the charges you face. As a knowledgeable Colorado Springs DUI
lawyer, I have over 15 years of experience in successfully resolving
DUI arrests. My staff and I know how frightening an arrest and criminal proceedings
can be and we work aggressively to see that you get the best representation possible.
What Happens After a DUI Arrest?
There are specific reasons why a police officer may have reasonable cause
to request a chemical test and the law requires that certain warnings
should have been given to you regarding refusing to submit to testing.
Additionally, Colorado regulations specify who can give these tests and
how they are to be correctly done. If any of these points have been violated in your
DUI case, these may provide an effective defense in both the administrative
and criminal proceedings against you.
You are permitted to have an administrative hearing with the Division of
Motor Vehicles regarding the revocation of your driving privileges. Depending
upon the test taken, or the refusal to be tested, you have only 7-10 days
in which to request an express consent hearing or your right to be heard
will be automatically lost and your license will be taken. Even if I cannot
save your license during this hearing, it allows me to get a police officer's
testimony under oath and see the relative strength or weakness of the
criminal case against you. This can then be used towards producing the
best possible outcome in your case.
Over 15 Years of DUI Defense Experience on Your Side
Being accused of drunk driving is more than a one-time deal. In fact, since
Colorado does not have a lookback period, even one DUI conviction can
remain on your record forever. This can prevent you from being able to
access employment opportunities or work against you in any other criminal
cases that you may be involved with later on. Don't let one mistake
punish you for the rest of your life! Work with a DUI lawyer as soon as
possible to protect your freedoms and minimize the effect this arrest
has on your life.
Contact a Colorado Springs DUI attorney
to understand our state's express consent law and how it affects your
driving privileges.