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 to 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.
A person who is dead or unconscious, and thus unable to verbally consent to a test of any kind, will receive a blood test if suspected of DUI.
While the Express Consent statute does hold that all Colorado drivers have essentially consented to a chemical test by the fact of their driving, the Colorado Supreme Court recently held that a conscious driver can revoke this statutory consent to a blood draw. Once consent has been revoked, the police are required to obtain a warrant before trying to conduct a blood draw. Otherwise, any evidence obtained from the blood draw should be excluded from trial unless one of the recognized exceptions to the exclusionary rule applies.
A warrant cannot be obtained for a blood draw in an ordinary DUI. This is only something that can happen in a more serious case – such as cases where the offenses of vehicular homicide and vehicular assault are suspected.
If you refuse to take a chemical test, that refusal may be admitted into evidence against you at any trial in your case, and the jury may use that evidence for any purpose.
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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