Is Expressed Consent the Same as Implied Consent in a Colorado DUI Case?

Many states across the country have laws known as “implied consent” laws concerning impaired or intoxicated driving. These laws generally involve an understanding that any driver on the road, merely by getting behind the wheel of a vehicle and traveling on a public road, has already given consent — they have impliedly given consent by driving, in other words — to be tested for their blood alcohol level or concentration. In Colorado, the law that addresses this type of implied consent is known as an “expressed consent,” or sometimes “express consent,” law. It contains language concerning implied consent, but it also has additional elements that Denver-area drivers should know about. Our Denver DUI defense attorneys can explain in more detail.

Implied or Expressed Consent

Under Section 42-4-1301.1 of the Colorado Statutes, “any person who drives any motor vehicle upon the streets and highways and elsewhere throughout this state shall be deemed to have expressed such person’s consent to the provisions of this section,” which includes that the person “shall be required to take and complete, and to cooperate in the taking and completing of, any test or tests of the person’s breath or blood for the purpose of determining the alcoholic consent of the person’s blood or breath when so requested and directed by a law enforcement officer having probable cause to believe that the person was driving a motor vehicle in violation of the prohibitions against DUI, DUI per se, DWAI, or UDD.”

In other words, simply by driving in Colorado, you have expressed your consent (or, to think of it another way, implied your consent) to be tested for your blood alcohol content. The statute also has additional language for DUID, or a DUI involving drugs or controlled substances, in which the driver has given expressed consent for a blood, saliva, or urine test to determine the drug content in their system.

Additional Elements of Colorado’s Expressed Consent Law

Unlike other states, Colorado’s expressed consent law permits a person being required to submit to chemical testing for alcohol content to choose the type of chemical testing to which they submit: a blood test or a breath test.

However, if you make a selection, the law also states that you cannot change your mind. For example, if you elect a blood test, you cannot change your mind and then request a breath test, or vice versa.

Contact a Denver DUI Defense Attorney for Assisting Developing a Defense to the DWAI or DUI Charges You Are Facing in Colorado

If you were recently pulled over while driving and required to complete a chemical test that has resulted in DWAI or DUI charges against you in the Denver area, it is critical to seek legal advice as soon as possible in order to begin working on your defense. An ACS-CHAL Forensic Lawyer-Specialist at DeChant Law can focus specifically on the chemical test results and disproving the prosecution’s case by relying on the most advanced and nuanced testing methods. Our methods can often reveal errors in the data that is at the center of the prosecution’s case against you. Do not hesitate to get in touch with one of the experienced Denver DWAI and DUI defense lawyers at DeChant Law today.

Source:

law.justia.com/codes/colorado/2021/title-42/article-4/part-13/section-42-4-1301-1