Understanding the laws that come into play during DUI stops – like the express consent law – can be essential to knowing how to protect your rights.
Shedding some light on how the express consent law can impact you, below are answers to some of the most frequently asked questions about it.
When you need an effective defense against DUI charges, however, it’s time to contact an experienced Boulder DUI attorney at Peter Loyd Weber & Associates.
What Drivers Need to Know about Express Consent & DUIs
Q – What is the express consent law?
A – The Colorado express consent law stipulates that any motorist on Colorado’s roadways is required to take and complete blood alcohol testing in the form of breath or blood testing in the event that a law enforcement officer has probable cause to believe that motorist may be under the influence of alcohol and/or drugs.
Q – What are the consequences of violating the express consent law?
A – An automatic driver’s license suspension will be imposed on any motorist who violates the express consent law by refusing to submit to BAC testing during a DUI stop. In fact, for drivers who violate the express consent law:
- Their driver’s licenses will be suspended for a term of one year.
- These motorists will not be able to get a provisional or probationary license during this suspension.
- This suspension will remain in effect even if the DUI charges against them are later dropped or if they are ultimately acquitted of the charges.
Q – What if I agree to BAC testing and then change my mind during a DUI stop?
A – This too can count as a refusal to submit to BAC testing per the terms of the Colorado express consent law. So, if you are stopped for a DUI and you agree to submit to a blood BAC test – but then you change your mind and decide that you want to submit to a breath test instead, this can constitute a “refusal” in the eyes of the law and, consequently, result in a license suspension.
Q – Do the penalties change if people have prior refusals?
A – Yes. The one-year license suspension applies for first-time refusals. If motorists have a history of refusing BAC testing/violating the express consent law, they can be penalized by:
- A 2-year driver’s license suspension for a second-time refusal
- A 3-year suspension for a third-time refusal
Q – What else should I know about the expressed consent law & DUI stops in Colorado?
A – When it comes to the express consent law and Colorado DUIs, here is what else motorists should know:
- BAC test refusals CAN be used as potential evidence of impairment later.
- In some cases, there can be advantages to refusing BAC testing, such as when motorists’ BACs may have been extremely high during the stop.
- Retaining an attorney ASAP when you have been charged with a DUI – regardless of whether you complied with or violated the express consent law – will be pivotal to resolving your case as favorably as possible.
Contact an Adams County and Boulder DUI Attorney at Peter Loyd Weber & Associates
Have you or a loved one been charged with a DUI? If so, an Adams County and Boulder DUI attorney at Peter Loyd Weber & Associates is ready to immediately start defending you.
Call us today at (720) 863-7755 or email us using the contact form on this page to talk about your defense and how we can help you. We offer complimentary consultations, and we take pride in always being available to our clients – 24 hours per day, 7 days per week – so that they have the personal attention their case deserves.
From our offices based in Northglenn, Broomfield and Boulder, we provide the strongest defense and highest quality legal services to our clients throughout Weld County, Adams County and the state of Colorado.