When you get behind the wheel in Colorado, you’re agreeing to more than just the traffic laws. By driving on Colorado roads, you are subject to Colorado’s “express consent” law. But what does that mean and how could it affect you? This post will break down Colorado’s express consent law, its implications and what you need to know if you get pulled over for suspected impaired driving.
What is the Express Consent Law?
In Colorado, the express consent law means by driving in the state you are agreeing to submit to a chemical test if law enforcement officers suspect you are driving under the influence (DUI) of alcohol, drugs or a combination of both. This consent covers tests of your breath, blood or other bodily substances.
The logic behind express consent is simple: Colorado wants to keep its roads safe from impaired drivers. To do that the law gives police officers the authority to test drivers they reasonably believe are impaired. In exchange for the privilege of driving, you give your implied or “express” consent to such tests when you’re stopped for suspected DUI.
When Can You Be Asked to Take a Test?
A law enforcement officer can ask you to take a chemical test if they have probable cause to believe you are driving under the influence of alcohol or drugs. This usually happens after an officer observes behavior consistent with impairment such as swerving between lanes, erratic speed changes or other unusual driving behavior. Officers may also stop drivers based on complaints from other motorists or if you’re involved in a car accident.
Once the officer stops you and suspects impairment, they may ask you to do roadside sobriety tests such as walking in a straight line (walk and turn) , standing on one leg ( one-leg stand) or following a moving object with your eyes (HGN) . Based on your performance, they can then ask for a chemical test—usually breath or blood—to see if you’re under the influence.
Your Rights
Under Colorado’s express consent law drivers have the right to choose between a breath or blood test when suspected of DUI, but there are exceptions. For example, if you’re suspected of driving under the influence of drugs rather than alcohol a breath test may not be effective so you could be required to take a blood test.
You do not have to take the test, however, you could still face license and criminal consequences. Keep in mind, in some jurisdictions in Colorado, some officers are asking for warrants to pull your blood, even after you have refused.
Refusing a Test
You technically have the right to refuse a test but doing so comes with serious consequences under Colorado’s express consent law. Refusing the test doesn’t mean you’re off the hook; in fact it triggers immediate penalties including the revocation of your driver’s license. You do have 7 days to request a hearing to fight this revocation.
If you refuse a test, you will face:
Automatic License Revocation: Your license will be suspended for one year for the first refusal. However, you can apply for early reinstatement after 2 months with an interlock device, an SR-22 and enrollment in a Level 2 Alcohol education class.
Increased Penalties: Refusing a test can be used as evidence against you in court if you’re later charged with DUI. Prosecutors may argue that your refusal is evidence of consciousness of guilt and can lead to harsher penalties if convicted.
What Happens After Refusals?
If you refuse to take a test, the officer will likely take your driver’s license and issue you a temporary permit. You will then have seven days to request a hearing with the Colorado Division of Motor Vehicles (DMV) to contest the revocation. If you don’t request a hearing within that time frame, the revocation will go into effect after the temporary permit expires.
At the DMV hearing, the focus will be on whether the officer had probable cause to stop you, whether you refused the test and whether the officer informed you of the consequences of refusal. Note this is a separate process from any criminal case that might arise from the DUI charge itself.
Failing a Test /Above the legal limit
What if you take the test and come out over the legal limit? Colorado has strict BAC thresholds for DUI-related offenses:
Driving Under the Influence (DUI): If your BAC is 0.08% or higher, you will be charged with DUI.
Driving While Ability Impaired (DWAI): If your BAC is 0.05% to 0.079% you can be charged with DWAI, which is a lesser offense than DUI but still comes with serious penalties.
If you are above the legal limit, you could face fines, jail time, community service, mandatory alcohol or drug treatment and an ignition interlock device. Penalties increase with each subsequent DUI and can result in the loss of your driver’s license for an extended period.
DUI Defense Lawyer’s Role
If you’re charged with DUI or DWAI in Colorado you need to get legal advice as soon as possible. A DUI lawyer can help you with the administrative process with the DMV, and the criminal process that may follow.
A lawyer can help you challenge the stop, the test results or whether the officer had probable cause to request the test in the first place. In some cases, a lawyer may be able to negotiate a plea agreement that reduces your charges or penalties. Given the complexity of Colorado’s express consent law and DUI statutes having a lawyer is key to protecting your rights.
Ignition Interlock
For drivers who refuse a test or are convicted of DUI Colorado requires an ignition interlock device (IID) as part of the penalty. An IID is a breathalyzer connected to your car’s ignition system and you must blow into the device before the car will start.
If your BAC is above a certain limit, the car won’t start. The IID requirement is for Persistent Drunk Drivers and is part of the effort to make sure those who have previously broken the law don’t drive impaired again.
Conclusion
Colorado’s express consent law is a key part of the state’s effort to keep impaired drivers off the road. While you have the right to refuse a test, you can face severe consequences including the loss of your license and criminal penalties. Knowing your rights and responsibilities under this law can help you make informed decisions if you ever find yourself in this situation. If you’re charged with DUI or losing your driver’s license get a lawyer. Stay informed, stay safe and think carefully about your options when it comes to Colorado’s express consent laws.