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 Once consent has been revoked, the police are required to obtain a warrant before trying to conduct a blood draw.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.
Domestic violence charges in Colorado carry significant legal and social consequences. A conviction can result in jail time, fines, mandatory counseling, and a permanent criminal record, not to mention the potential damage to personal and professional relationships.
Perhaps the worst consequence for a parent is the possibility of being kept apart from your children – not for a conviction, just for being charged.
In Denver, as in many other jurisdictions, the intersection of substance abuse and domestic violence presents complex legal challenges. In this blog post, we will explore the relationship between substance abuse and domestic violence, how allegations of substance abuse can impact legal proceedings in Denver, and available resources for individuals seeking help. We will also discuss the importance of building a strong defense with an experienced criminal defense lawyer to
Trespassing is a common offense that occurs when an individual unlawfully enters or remains on another person’s property without permission. In Denver, trespassing can occur on both public and private property, but there are distinct differences in how these cases are handled under the law. Understanding these differences, including the legal standards, potential consequences, and defense strategies, is essential for individuals facing trespassing charges in Denver.
