Colorado’s “Express Consent” law provides that anyone driving a vehicle in Colorado consents to the various provisions of 42-4-1301.1. Essentially, the driver has agreed to cooperate in, and complete, the testing of the person’s breath or blood for alcohol, whenever it is requested by an officer having probable cause to believe the person was driving while intoxicated.
The driver will have three choices: breath, blood, or to refuse testing altogether. If the driver chooses one method of testing and that method is unavailable, the police may ask him to perform a different chemical test if there are “extraordinary circumstances” which would prevent the driver from completing his chosen method of testing within two hours of driving.
A person who is dead or unconscious, and thus unable to verbally consent to a test of any kind, will receive a blood test if suspected of DUI.
While the Express Consent statute does hold that all Colorado drivers have essentially consented to a chemical test by the fact of their driving, the Colorado Supreme Court recently held that a conscious driver can revoke this statutory consent to a blood draw. Once consent has been revoked, the police are required to obtain a warrant before trying to conduct a blood draw. Otherwise, any evidence obtained from the blood draw should be excluded from trial unless one of the recognized exceptions to the exclusionary rule applies.
A warrant cannot be obtained for a blood draw in an ordinary DUI. This is only something that can happen in a more serious case – such as cases where the offenses of vehicular homicide and vehicular assault are suspected.
If you refuse to take a chemical test, that refusal may be admitted into evidence against you at any trial in your case, and the jury may use that evidence for any purpose.
If you have been charged with a DUI and are looking for representation call Kimberly now at (720) 257-5346 for a FREE 45 minute consultation.
Being accused of assault in Colorado can be a terrifying experience. You are facing serious personal and professional consequences that could change your life forever. At a time like this, it is important to remember that there are defenses available to you that could mitigate the consequences you are facing or even have the charges against you dropped or dismissed.
It is crucial to seek the guidance of an experienced
Attending a Colorado Avalanche game should be an unforgettable experience for all the right reasons—roaring crowds, thrilling goals, and a night of excitement. But for some, that night can take a sudden and distressing turn. The anxiety and embarrassment can be overwhelming if you find yourself arrested at an Avs game. At that moment, understanding your rights and taking immediate steps can make a significant difference in the outcome of
The internet has become a cornerstone of modern life, connecting us in ways we never thought possible. But for all its benefits, it’s also opened the door to new kinds of criminal charges. From fraud to hacking, internet crimes in Colorado can carry significant penalties that affect every aspect of your life. Such allegations can feel overwhelming, especially when the legal system seems stacked against you. That’s where a seasoned
