In a nutshell, Colorado’s “expressed consent” laws are problematic and confusing for drivers, and reason to celebrate for law enforcement. As a driver in Colorado it is in your best interest to know what expressed consent is, what it means for you, and what you should do if asked to take a breath test during a traffic stop.
What Is Expressed Consent?
Colorado DUI laws were strengthened – in the views of law enforcement and prosecutors – by having residents give their consent to breath and blood testing in writing at the time they sign for their driver’s license.
Why Expressed Consent?
Colorado’s expressed consent laws are a response to the perception that the rights of law enforcement officers to conduct breath and blood tests were too often being challenged in the courts. They said this made it more difficult to enforce the laws and convict alleged drunk drivers.
What Does Expressed Consent Mean For You?
Primarily, it means that you face harsh consequences for refusing to submit to a roadside breath test, or submitting to a blood test back at the police station.
Due to expressed consent laws, refusal to submit to testing will result in the suspension of your driver’s license for one year. If this happens, a defense lawyer can help you fight the suspension at a DMV hearing.
At Shazam Kianpour & Associates, P.C., we have handled thousands of DUI cases, including those where a “refusal” was nothing more than a suspect not specifying which type of test – urine or blood – they’d prefer. If you face complications due to expressed consent, we can help you sort out your situation and get the best possible outcome.