Colorado’s “Express Consent” law provides that anyone driving a vehicle in Colorado consents to the various provisions of 42-4-1301.1. Essentially, the driver has agreed to cooperate in, and complete, the testing of the person’s breath or blood for alcohol, whenever it is requested by an officer having probable cause to believe the person was driving while intoxicated.
The driver will have three choices: breath, blood, or refuse testing altogether. If the driver chooses one method of testing and that method is unavailable, the police may ask him to perform a different chemical test if there are “extraordinary circumstances” which would prevent the driver from completing his chosen method of testing within two hours of driving.
The Express Consent statute does not require you to submit to chemical testing unless the officer has probable cause to believe you committed criminally negligent homicide, or vehicle assault, and you have refused to take a test. Under such circumstances, the officer can require you to take a blood test.
If you refuse to take a chemical test, that refusal may be admitted into evidence against you, and the jury may use that evidence for any purpose. A refusal will result in a one year loss of your license if, after refusing, you lose your DMV Hearing.
If you have been charged with a DUI and are looking for representation call Kimberly now at (720) 257-5346 for a FREE 45 minute consultation.
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