Expressed Consent, Refusal to Test and DUI Law
Helping Clients Retain their Driver's Licenses and Beat DUI Charges
Colorado's "expressed consent" laws are both problematic and confusing following drunk driving charges. They work like this:
- Over time, Colorado's right to conduct breath and blood alcohol tests was being challenged in the courts. These challenges made it difficult for Colorado to prosecute and convict alleged drunk drivers.
- Colorado consequently strengthened its right to test for alcohol in alleged DUI situations by having residents give their consent to breath or blood testing in writing when they signed for their driver's license at the DMV.
If you have a valid Colorado driver's license, you have given the state "expressed consent" to conduct a breath or blood alcohol test in the event you are pulled over for DUI.
What Does the Expressed Consent Law Mean to You if You Are Pulled Over for DUI?
Because you have given consent to have your alcohol level tested if you are pulled over, legal consequences are harsh if you refuse a sobriety test. Your driver's license will be suspended for one year upon refusal. You can fight the one-year suspension in a hearing, but success there is difficult.
We can help. Our attorney team is experienced in pursuing numerous loopholes to prevent driver's license suspension. We can fight for you both in court and at the DMV and try to keep your license for you. We also know what steps you can take to minimize your punishment if you choose to plead guilty.
Thousands of Cases Handled Effectively
Leniency can also be accomplished by examining the facts of the case. A refusal to test, for instance, can result simply by failing to specify which test you'd prefer—urine or blood. We have handled thousands of cases involving expressed consent and refusal to test, and have successfully prevented license suspensions due to case facts, mitigating steps, and other factors.
Contact Shazam Kianpour & Associates, P.C.
If you face criminal charges in the Denver area, contact Shazam Kianpour & Associates, P.C. We offer free initial consultations, answer phones 24 hours a day and offer same-day appointments and immediate jail visits. We also charge affordable rates, offer payment plans and accept credit cards. To contact a lawyer, call 303-825-1075.
