What is Colorado’s Express Consent Law?

Colorado Express ConsentLike several other states, Colorado has a law that requires drivers to submit to chemical testing for alcohol if a police officer requests one on the basis of probable cause to believe the driver is driving under the influence of alcohol (DUI) or driving while ability impaired (DWAI) in Colorado. Colorado refers to this rule as the “express consent” law.

Blood alcohol concentration (BAC) is usually determined by testing either a blood or a breath sample taken from the driver. A BAC of 0.08 percent or higher is considered a “per se” violation of Colorado’s DUI prohibition, while a BAC between 0.05 and 0.08 percent is considered evidence that the driver was DWAI. Both BAC readings, however, can be challenged in court.

A driver has the right to choose whether a blood or breath test is performed. If the driver refuses the test, his or her license is revoked for one year – even if the driver is later found not to have committed any crime. You have the right to attend a hearing in Colorado to argue for the return of your license. You are also allowed to be represented by the attorney of your choice at the hearing, who can represent you and argue on your behalf.

If you’ve been charged with a DUI in Colorado, don’t wait: contact the experienced Colorado DUI defense attorneys at The Bussey Law Firm, P.C. For a free and confidential consultation, contact us today by calling (719) 475-2555.

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