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What do you need to know about express consent?

| Dec 18, 2020 | Dui

In Colorado, there is an express consent law. This law requires drivers to submit to a chemical test if they are asked to take one by an officer with reasonable belief that the individual is under the influence of drugs, alcohol or both.

By law, if you refuse to take the chemical test, then you will lose your driver’s license. Failing to cooperate at any time, even if you later take a roadside preliminary breath test (PBT) or a test at a detoxification facility, is unacceptable to remain in compliance with the law.

The only acceptable test for the purposes of fulfilling this law’s requirements is the Intoxilyzer test administered by the police officer or the blood test that can be taken upon request.

For how long will you lose your license if you refuse to submit to a breath test?

If you fail to submit to a breath test, you will lose your license for a year upon a first offense. You’ll also receive a Persistent Drunk Driver designation, which then requires you to go through a Level II Alcohol and Drug Education and Treatment program. If you do want to drive, the law then requires you to install an ignition interlock device for at least two years following the restoration of your license.

As you can tell, Colorado is strict with its laws and how it treats those who drive while under the influence. If you are facing charges for a DUI or are accused of violating the express consent law, you may want to look into your legal options. Our website has more information on the steps you can take to protect your license.