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Criminal Defense in Denver: What You Need to Know About Expressed Consent


September 6, 2017

The term expressed consent is often used in DUI cases, but many people still aren’t sure exactly what it means. Even if you haven’t been charged with DUI, if you are a driver in the state of Colorado, it’s important to understand what this term means. Here’s what you need to know about expressed consent according to John L. Buckley, an attorney who practices criminal defense in Denver:

What is expressed consent?

The expressed consent law in Colorado states that drivers automatically consent to breath or blood testing as long as there is probable cause for a police officer to ask you to perform this test. As long as you have a Colorado driver’s license, then the law assumes that you have given expressed consent to perform these tests if you are ever pulled over by a police officer who suspects you are under the influence.

There are certain rules that must be followed in this situation. First, the test must be administered within two hours from the time that you have stopped driving. It is up to you to determine whether you want to have a blood or breath test, but choose carefully, because you cannot change your mind once you have made a decision. If you tell the police officer you would like to do a breath test and then change your mind at the last minute and request a blood test, this is considered a refusal.

Can you refuse to take the test?

Refusing to take the test is an option, but there will be consequences if you make this choice. If this is the first time that you’ve refused to take a test, the state may suspend your driver’s license for up to 12 months. If this is the second time you’ve refused to take a test, you could lose your license for up to 2 years. Learn more about Colorado DUI: refusal to take a blood, breath, or urine test.

In some cases, the police officer can force you to take a test even if you refuse to do so. For example, let’s say you collide with another car and seriously injure the driver. Because someone was injured, the police officer has the right to restrain you in order to force you to take the test. Police officers can also perform tests on people who are unconscious without getting their consent.

Can I be convicted of DUI if I refuse the test?

Yes. In fact, prosecutors often use the fact that you refused to take the test as evidence that you were intoxicated at the time of your arrest. Therefore, it’s important not to make the mistake of assuming that you can avoid DUI consequences by refusing the test.

If you are arrested and charged with DUI, seek legal representation from the Law Office of John Buckley right away. Our attorneys work tirelessly to defend your rights and ensure you receive the best legal representation possible. Contact John L. Buckley as soon as possible to schedule a legal consultation regarding your case.