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Express consent requires drivers to submit to chemical testing

Posted on February 29, 2020

The Colorado Division of Motor Vehicles explains that when you drive a motor vehicle on the state’s streets and highways, you are subject to the express consent law. This means that you must consent to chemical testing if law enforcement stops you for reasonable suspicion of driving under the influence or while impaired by alcohol or drugs. We have experience representing people arrested for DUI or DWAI. 

A chemical test is a specific breath test administered by law enforcement or a blood test requested by law enforcement. If you decline testing, the arresting officer will give you a written notice that revokes your driving privileges. You may request a hearing at the Division of Motor Vehicles to contest this revocation within seven days after you receive the notice. If you do not request a hearing in a timely manner, or if a hearing officer determines the officer had reasonable cause to arrest you, you will lose your license for at least one year. As a condition to having your license reinstated, you must install an interlock ignition device in your car for two years, and you must enroll in an alcohol education program. 

In addition to the DMV hearing, there will be a separate court proceeding to evaluate your case. A conviction for drunk driving may result in consequences that include a criminal conviction, a jail sentence and higher auto insurance rates. When considering jail time, the prosecution and judge may consider factors like your drinking and driving history and your willingness to undergo counseling. 

It is important to understand the potential long-term impact of refusing a chemical test. To learn more, please visit the DUI information pages on our website.