The expressed consent law in Colorado requires drivers who operate their vehicle on Colorado roads to submit to blood or breath testing if they are arrested for suspicion of driving under the influence of drugs or alcohol. If a driver refuses to provide a blood or breath sample, law enforcement will revoke your driver’s license and charge you with refusal.
In some cases, they may obtain the sample anyway with a valid warrant. An attorney can help you fight the refusal charges by showing that law enforcement did not have probable cause to arrest you for drunk driving. A Boulder criminal defense lawyer at The Ferrell Law Firm, PLLC, can review the details of your case and build a solid legal defense to bolster the weaknesses in the prosecutor’s case.
What Is Expressed Consent in Colorado?
In Colorado, drivers give their express consent to submit to a chemical test used to determine the alcoholic concentration of their blood by using the State’s roadways and getting arrested for DUI. The driver can choose whether the chemical test measures the alcoholic content of their blood or their breath. Refusal is a separate criminal offense that can accompany DUI charges.
Potential Penalties for Violating Expressed Consent Law: Colorado
Even if you refuse to submit to a chemical test, law enforcement will use any evidence of your intoxication to obtain a warrant for a blood or breath test. Other penalties that may arise if you refuse to provide a blood or breath sample include:
- Designation as a persistent drunk driver;
- Mandatory drug and alcohol treatment;
- Installation of an ignition interlock device;
- Automatic suspension of your driver’s license for one year; and
- Different car insurance requirements.
Additionally, the prosecutor can use your refusal as evidence of your guilt in a subsequent criminal proceeding for DUI.
In many cases, the jury or judge will assume you refused to provide the blood or breath sample because you knew it would show that you were under the influence.
Should I Consent to a Blood or Breath Test?
In many cases, refusing to submit to a blood or breath test leads to additional criminal charges against you and longer license suspension periods. However, submitting to a chemical test can give the district attorney the proof they need to secure your conviction for DUI. If you refuse to give police a chemical sample, a qualified lawyer can work to help you avoid
Should I Consent to a Portable Breath Test?
Law enforcement officers can request a portable breath test (PBT) through a handheld device at the traffic stop scene. Unlike the chemical test, the expressed consent statute does not require drivers to submit to a PBT.
However, drivers under 21 must submit to a PBT if the law enforcement officer reasonably suspects them of consuming alcohol.
Am I Required to Complete Roadside Sobriety Tests Under Express Consent Law in Colorado?
No, you are not required to complete field sobriety tests under the Colorado express consent law. Field sobriety tests are physical and mental tasks designed to alert police officers to signs of intoxication. The most common field sobriety tests include:
- Horizontal gaze nystagmus (HGN),
- Vertical gaze nystagmus (VGN),
- One-leg stand, and
- Walk and turn.
Prejudice and bias can influence the officer’s determination about whether a driver is intoxicated more than their performance during the roadside sobriety tests. In most cases, completing the maneuvers can only hurt your case and give law enforcement more evidence to prove your level of intoxication. If a police officer asks you to complete roadside sobriety tests, you can decline.
Defenses to Refusing to Provide a Blood or Breath Sample
In some cases, a legal defense can help you fight charges for refusal. Valid defenses that can apply to a refusal charge include:
- Someone else was driving the vehicle;
- Law enforcement lacked reasonable suspicion to pull you over;
- Officers did not read you your express consent advisement; or
- Law enforcement did not have a reason to believe you were intoxicated.
An experienced lawyer can request a copy of the police report so we can independently investigate the circumstances of your arrest and specifics about your chemical test refusal.
Contact The Ferrell Law Firm, PLLC, to Discuss Expressed Consent Law in Colorado
If you refuse to provide a blood or breath sample to a requesting officer, they can revoke your driver’s license immediately for up to one year. The inability to legally drive can affect your ability to work and perform simple day-to-day tasks. The best way to fight refusal charges is by hiring an experienced criminal defense lawyer to advocate on your behalf.
Our founding attorney, Michael Ferrell, uses the knowledge he gained working for the district attorney’s office to build strong cases for his clients.
In addition to his 5-star rating on Avvo, Michael received the Clients’ Choice Award for 2023. Michael has extensive knowledge of Colorado express consent law violations and can put his expertise to work for you. Contact The Ferrell Law Firm, PLLC, today to discuss your case with a member of our team.
Frequently Asked Questions (FAQs)
We know you have questions about the Colorado expressed consent law. Our team provided answers to some frequently asked questions below. You can schedule a free consultation if you have specific questions about your case.
What Can Impact Chemical Test Results?
In some cases, outside factors can affect the reliability of the chemical test results. For example, breath analysis machines must undergo routine maintenance to stay in good condition. Additionally, even slight amounts of alcohol or other liquids inside a person’s mouth can alter the reliability of a breath test.
For a blood test, a qualified professional must complete the blood draw. Additionally, the professional must avoid contaminating the blood sample or mixing it up with another person’s sample.
Is a Blood Test or a Breath Test More Reliable?
A blood test is usually more reliable than a breath test to determine the alcohol concentration in the blood. The blood test measures your blood directly while the breath test measures the blood indirectly.