Express Consent Hearing

All DUI cases in Colorado involve Colorado’s Express Consent Law. If officers believe you were driving a motor vehicle under the influence, they will request that you submit to a breath, blood or urine test. If the officers think you are driving under the influence of alcohol, they should give you a choice of taking a breath or blood test. Urine tests are used if officers believe you are under the influence of drugs.

The Colorado Express Consent Law provides that, by driving in Colorado, you agree to take a breath or blood test if a police officer suspects you of driving under the influence. Even if you did not have a Colorado driver’s license at the time of the arrest, or were driving on an out-of-state driver’s license, you will be served this notice if you refuse a blood-alcohol test or score 0.08 or more on the test.

This Colorado DUI law also provides for harsh consequences should you refuse to take a test. In Colorado, a Department of Revenue administrative determination of a refusal to take a test results in the absolute loss of driving eligibility for at least a year, with no allowance for any driving privileges for at least two months followed by  restricted license for two years.

If you are served with an Express Consent Affidavit and Notice of Revocation by the officer along with your summons to appear in court, you should immediately contact a Denver DUI lawyer. An experienced Denver DUI attorney can assist you in properly requesting an Express Consent Hearing from the Department of Revenue. If you took a blood test and your test result came back 0.08 or more, you may receive a letter from the Department of Revenue in a few weeks.

One of the many roles of a Denver DUI attorney, aside from defending you in court, is to maximize your chance of prevailing at the driver’s license hearing. This includes properly requesting the license hearing, immediately investigating the DUI case to thoroughly prepare a strategy for the hearing, and aggressively defending the allegations against you at that Division of Motor Vehicles hearing.

Having a pending Denver DUI charge can be stressful enough without the addition of a separate driver’s license hearing. Colorado’s DUI laws are written to punish the offender, and a lengthy driver’s license revocation is not positive under any circumstance. If you have been charged with a DUI in Denver, call The Tiftickjian Law Firm, P.C. to speak with an experienced Denver DUI attorney.