Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Colorado DUI Laws to learn more.
Colorado DUI
Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Colorado DUI Laws to learn more.
Colorado In-Depth
It is normal to be frightened and overwhelmed following an arrest. Therefore our lawyers are devoted to demystifying major topics in Colorado criminal defense law.
24/7 Help:
(303) 222-0330
Please note: Our firm only handles criminal and DUI cases, and only in California. We do not handle any of the following cases:
And we do not handle any cases outside of California.
Call Us NowPosted on
The Colorado express consent law requires you to take a breath test or blood test following your arrest for any of these four offenses:
In short, Colorado DUI law presumes you give your express consent to submit to a chemical breath- or blood test after getting arrested for drunk driving or drugged driving.1
Under Colorado’s express consent law, you can choose between taking a breath test or blood test if you are arrested on suspicion of drunk driving. But if the law enforcement officers believe you took drugs, then you must take the blood test. This is because breath tests cannot detect controlled substances.2
The main advantage of breath alcohol tests is that they are less invasive than blood tests. But blood tests have more pros:
If you take the breath test, the officer will confiscate your Colorado driver’s license and give you an express consent affidavit and notice of revocation. If you take the blood test, then you get to keep your license for now. But in a few weeks after the results come back, the DMV will mail you the express consent affidavit and notice of revocation.
The express consent affidavit and notice of revocation serves as a seven-day driving permit, after which your driving privileges are suspended. But if within those seven days you request a DMV hearing (“express consent hearing”) to contest your license suspension, you can continue driving pending the DMV hearing officer’s decision – which may be weeks away.
The typical driver’s license revocation lasts for nine months for a first DUI, one year for a second DUI, and two years for a third DUI. But you may be able to resume driving immediately with an ignition interlock device in your motor vehicles. (A DWAI-first does not carry a license suspension.)3
See our article, How to Request a DMV Hearing after a Colorado DUI Arrest – 5 steps.
There are six consequences of refusing to take a breath or blood test following a Colorado DUI arrest:
A first-time refusal typically carries a one-year revocation of your driver’s license. A second-time refusal carries a two-year revocation. And a third refusal carries a three-year revocation. But the DMV may grant you a reinstatement of driving privileges after two months if you have an ignition interlock device in your car.4
When you refuse to take a chemical test in violation of Colorado express consent law, there may still be ways a DUI attorney can challenge the legality of your arrest. Five common DUI defenses include:
Colorado express consent law does not require DUI suspects to submit to a preliminary breath test.
If you get pulled over on suspicion of DUI, the officer may ask you to take a preliminary breath test (PBT) on a handheld breathalyzer. This “roadside breath test” is totally different from the evidentiary breath test you may take later following a DUI arrest.
This PBT is merely a way for an officer to determine whether there is probable cause to arrest you for DUI. The officer will also likely ask you to perform field sobriety tests as well (such as the walk-and-turn and one-legged-stand).
If an officer requests you take the PBT – and you are 21 or older – you can lawfully decline: Under Colorado express consent law, there are no negative consequences for refusing this type of test. This is because the PBT is not an evidentiary breath test. But since underage drinking is a crime, drivers under 21 are required to take a PBT as long as the police reasonably suspect the underage drivers of consuming alcohol.5
Arrested for driving under the influence of drugs or alcohol in Colorado? Contact our criminal defense law firm for legal advice. Our DUI lawyers fight to get your charges reduced or dismissed. We also appear at your DMV hearing at the Department of Revenue/Division of Motor Vehicles to fight for your license. See our related articles on vehicular assault, vehicular homicide, and level I and level II DUI school.
Michael Becker has over a quarter-century's worth of experience as an attorney and more than 100 trials under his belt. He is a sought-after legal commentator and is licensed to practice law in Colorado, Nevada, California, and Florida.