Your Rights Under Express Consent DUI Laws In Colorado
Colorado’s “express consent” laws are both problematic and confusing following drunk driving charges. They work as follows:
- 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 licenses at the DMV.
If you have a valid Colorado driver’s license, you have given the state “express consent” to conduct a breath or blood alcohol test in the event that you are pulled over for driving under the influence (DUI).
What Does The Express Consent Law Mean To You If You Are Stopped 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.
If you have tested positive for illegal levels of alcohol while driving, you assume that law enforcement officials have “busted” you, that they have enough evidence to prosecute you and that a conviction is practically assured, right? Wrong. A positive breath or blood test is just the beginning of a prosecutor’s attempts to convict you for drunk driving.
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 express consent and refusal to test, and we have successfully prevented license suspensions due to case facts, mitigating steps and other factors.
We can seek to have your case dismissed or changed from an alcohol driving offense to a simple traffic ticket based on a broad range of factors, including:
- The condition of your mouth: An abscess, artificial teeth or other dental work can affect breath tests.
- The machine used: We can demand, scrutinize and find fault with records regarding the maintenance and calibration of the Intoxilyzer 5000EN DUI breath testing machine or of any other machine used.
- Delays: If a test was conducted more than two hours after you were pulled over, it will be presumptively invalid.
- Whether you were charged with DUI or DWAI. We can attack witnesses’ credibility, or work to locate and question other witnesses who will testify to your sobriety.
Each case has its own facts and must be handled individually. There are many, many other criteria that can play roles in each case, and we, as experienced DUI defense attorneys, will consider and refute them when warranted. There is a reason we are known as “bulldogs” in the courtroom. We will make the DA’s office work to prove every step that the arresting officer took.
Available When And Where You Need Us
When you run up against Colorado’s confusing express consent laws or are charged with a DUI after a blood or breath test, contact Shazam Kianpour & Associates, P.C., to schedule a free consultation. We are available at all times of day and will meet with you quickly if necessary. To contact us, call 303-578-4036.