Understanding Express Consent

If the police pull you over for suspicion of driving under the influence of alcohol or other drugs, they will likely request you take a chemical test. This is based on Colorado’s express consent law.

Officers use different chemical tests, including urine, breath, and blood. Each one shows a person’s blood-alcohol concentration (BAC) or drug content.

Understanding your rights when you are pulled over, and express consent is necessary to navigate this process. If you need assistance, our experienced DUI lawyers at the Law Offices of Steven J. Pisani are here to help.

Understanding Express Consent in Colorado

Express consent refers to the implicit agreement by drivers to submit to chemical testing if suspected of DUI. This consent is automatically given when obtaining a Colorado driver’s license.

Refusal to comply with testing can lead to severe penalties, including license suspension and the presumption of guilt in a DUI case.

Understanding express consent is important for anyone facing a DUI charge in Colorado. It forms the basis of many legal arguments and can significantly affect the outcome of a case.

Consequences of Refusing a Chemical Test in Colorado

Refusing a chemical test in Colorado when suspected of driving under the influence (DUI) carries significant legal consequences. As mentioned above, this refusal directly ties into the state’s express consent law. Some of the potential consequences of refusing a chemical test when pulled over for DUI include:

• License Suspension: One of the immediate repercussions of refusal is the automatic suspension of your driver’s license. Under Colorado law, this suspension can last up to one year, significantly impacting daily life.
• Evidence in DUI Cases: Refusing a chemical test can also be used as evidence against you in a DUI case. The prosecution may argue that refusal indicates guilt, potentially complicating your defense.
• Increased Penalties: In some instances, the penalties for refusing a test can be more severe than those for a DUI conviction. This includes longer license suspension periods and mandatory installation of an ignition interlock device upon reinstatement.
• Legal Representation: Given these severe implications, consulting with a knowledgeable DUI attorney in Colorado is crucial. An experienced lawyer can help navigate the complexities of DUI laws, protect your rights, and offer the best defense strategy in light of a refusal to submit to chemical testing.

Steps to Follow When Pulled Over for DUI

Being pulled over on suspicion of DUI can be a stressful experience. Knowing the right steps to take can significantly impact the outcome. Here are some things to keep in mind:

• Stay Calm and Polite: First, remain calm and cooperative. Avoid making sudden movements, and keep your hands visible. Politeness and cooperation with law enforcement can help de-escalate the situation.
• Understand Your Rights: You have the right to remain silent. Politely decline to answer incriminating questions. You can say, “I wish to remain silent and would like to speak to an attorney.”
• Comply with Legitimate Requests: Provide your license, registration, and insurance when requested. If asked to step out of the vehicle, do so calmly.
• Chemical Testing Decision: Remember Colorado’s express consent law. Refusing a chemical test can lead to severe consequences, including license suspension. However, you can request to speak to an attorney before making this decision.
• Contact a DUI Attorney: As soon as possible, contact a DUI attorney. They can provide legal advice specific to your situation and help navigate the complexities of DUI charges.

Taking these steps can help protect your rights and lay the groundwork for a more favorable outcome in the event of a DUI charge.

The Role of a DUI Attorney

A DUI attorney plays a critical role in defending individuals charged with driving under the influence (DUI). Hiring an attorney to help with a DUI charge provides the following benefits and services:

Legal Expertise and Strategy

DUI attorneys possess in-depth knowledge of DUI laws, including factors that are not apparent to the general public. They develop strategic defenses tailored to the specifics of each case, challenging aspects like the legality of the traffic stop, the accuracy of breathalyzer tests, and the procedures followed by law enforcement.

Negotiation and Plea Bargaining

A DUI attorney will handle aspects of a DUI case, such as creating a plea bargain with the prosecuting attorney. They can negotiate lesser charges or penalties, which is crucial in minimizing the impact of a DUI charge on an individual’s life.

Representation in Court

In court, a DUI attorney represents and advocates on behalf of their client. They present evidence, cross-examine witnesses, and strive to achieve the best possible outcome, whether it’s a case dismissal, acquittal, or reduced sentencing.

Guidance and Support

Beyond legal representation, DUI attorneys offer guidance and support throughout the legal process. They help clients understand their rights and the potential consequences of their cases and provide counsel on the best course of action.

Express Consent and a Colorado DUI Charge

Understanding express consent is crucial for anyone driving in Colorado, especially in the context of DUI laws. The Law Offices of Steven J. Pisani specialize in providing expert legal assistance in DUI cases, ensuring your rights are defended. For more information or legal assistance, feel free to contact us.