The attorney listings on this site are paid attorney advertising. Express consent means that you have affirmatively given consent or permission to an action or behavior, either verbally or in writing. If you have a Colorado state driver’s license, you have already given express consent that you will submit to any type of blood, breath, or urine test for either drug or alcohol use, if a law enforcement officer finds probable cause that you were either driving under the influence (DUI) or driving while ability impaired (DWAI). You have the right to be represented by an attorney in your DUI proceedings. Lorem ipsum dolor sit amet, consectetuer adipiscing elit. Express consent does not apply to any roadside sobriety tests (walk and turn or stand on one leg) that may be performed by a law enforcement officer. This must be done within 10 days of the postmarked date of the letter. He is extremely good at navigating the legal system. Express consent in Colorado: The facts On behalf of Shazam Kianpour of Shazam Kianpour & Associates, P.C. The driver will also be required to participate in an alcohol education program and perhaps even obtain a specific type of insurance called SR-22, which is an insurance policy for high-risk drivers. The Bussey Law Firm, P.C. Do You Know the Difference Between Theft and Robbery. Reasons Why Colorado DUI Numbers Are Up Despite the Pandemic. Suite 201E Boulder, CO 80301, COVID-19 & Your Case: Legal Help in Time of Crisis. Under Colorado’s expressed consent law, any person who drives a motor vehicle on the streets and highways of the state is deemed to have given consent to a breath, blood, saliva, and/or urine test. Mr. Moorhead is professional and intelligent. It is important for any driver to understand Colorado’s Express Consent Law. (We highly recommend speaking to a defense attorney at once.). At the hearing, a hearing officer will need to determine whether the statutory elements (proper filing of paperwork, etc.) Tim Bussey Gives Us the Answer, Schedule I and II Drugs No Longer Carry Felony Charges in CO, Drug Classification: What You Should Know. Many drivers suspected of driving under the influence may be asked to take a preliminary breath test, which is different than a Breathalyzer test. It can be difficult to grasp how critical the revocation proceedings are in helping form a defense and successfully contest a DUI charge.
We strongly recommend that you speak to us as soon as you think you may be charged. Website, SEO and Legal Internet Marketing by: SLS Consulting | Disclaimer, Facing criminal charges? Immediate action gives you a chance to challenge the revocation itself and begin to mount the best possible defense to avoid severe and often life-altering consequences. There are a few exceptions to the 60 day time limit such as the unavailability of the law enforcement officer or unavailability of the hearing officer. Enter Your Zip Code to Connect with a Lawyer Serving Your Area, Copyright ©2020 MH Sub I, LLC dba Nolo ® Self-help services may not be permitted in all states. However, once a driver chooses either a breath or blood test, he or she typically can’t change the election. There are also circumstances allowing police to administer a chemical test without the driver’s consent. Having an experienced DUI attorney on your side can make the difference between a conviction and the dismissal of your charges. The Hearing Officer does not have any discretion in the length of the revocation. If you refuse to take a chemical test, or submit to a breath test that produces a result greater than 0.08 BrAC, then you will be presumed to be under the influence of alcohol.