Colorado’s “express consent” law is set out in C.R.S. § 42-4-1301.1 and states that anyone who drives a motor vehicle anywhere in Colorado “consents” to various provisions in the statute. The most basic provision is that a driver “shall be required to take and complete… tests of the person’s breath or blood for the purposes of determining the alcoholic content…” when requested by an officer who has probable cause to believe a driver was operating a motor vehicle impaired by alcohol or drugs.
Refusal to cooperate with a legal request for a chemical test can be used against that person for any purpose, including at a trial to show “guilty knowledge”. Additionally, district attorneys typically offer harsher plea deals in refusal cases because of the defendant’s lack of cooperation and the unknown nature of the level of intoxication at the time of driving.
If a person has been arrested for a drunk driving or drugged driving, a driver’s license review is commenced. Typically, drivers have 7 days from the time of arrest to request a hearing at the DMV on their driving privileges. After a hearing is requested, police reports and a hearing date will be mailed to you. If you fail to request a hearing in a timely fashion, the DMV will automatically review and take action against your license without you or your attorney’s participation.
Hiring an experienced Colorado DUI Defense attorney is critical at the early stages of your case. Time limits are strict and pass very quickly. If you have been cited with an impaired driving case, contact defense attorney Steven J. Pisani and his firm for a free no obligation consultation to discuss your case and your rights.