A Proven Criminal Defense Team

In Colorado, you’ve already given consent to a DUI test

On Behalf of | Aug 21, 2014 | Blood Alcohol Tests |

The familiar flashers light up as you’re driving west on Denver’s Interstate 70. A police officer asks if you to take a chemical test that will help determine if you are driving under the influence. Here’s the situation, though: the officer knows before he or she asks that you have already consented to take the test.

Our state’s Express Consent Law requires drivers to take test if a police officer has reasonable grounds to believe the motorist’s ability to drive their car is impaired by use of alcohol or drugs (or both) or because the officer believes the motorist is driving under the influence.

According to the state’s website, if a notice of revocation of driving privileges is issued during the stop by the officer, a motorist has just five days to then request a hearing. If the person’s driver’s license wasn’t taken by the officer at the time of the arrest, the driver is required to hand it over and receive a temporary driving permit.

If a person is later convicted of driving under the influence or another alcohol-related offense, they may then be ordered by the court to attend a series of classes about alcohol use and abuse. Sometimes, however, the court won’t order a driver to take the classes.

“What luck,” the driver might think. But Colorado law can still require that person to take the classes as a prerequisite to license reinstatement.

Out-of-state drivers who receive DUIs here will be required to go to a treatment center or therapist in their state have an evaluation done. Those visiting motorists will simply be unable to get their licenses reinstated until they’ve completed this portion of their punishment/education phase.