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Colorado's Express Consent Laws: What You Need to Know if You're Pulled Over for DUI

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If you’ve been drinking and driving, flashing lights in the rear view mirror can make your heart skip a beat. Driving under the influence (DUI) is a serious crime with heavy penalties. It’s important to know your rights under Colorado’s DUI laws so you can stay calm, cool and collected when you are pulled over.

In Colorado, the law presumes that every driver has expressly consented to take a blood or breath test if a law enforcement officer believes there is probable cause of a DUI, or that you were driving while your ability was impaired (DWAI). If you refuse to take the test, your driver’s license can be revoked for one year. Further, your refusal to take the test is admissible in court.

The penalties for refusing the test can be severe:

  • First offense —12-month revocation of your license
  • Second offense —24-month revocation of your license
  • Third offense —36-month revocation of your license

If you submit to the test, and have a blood alcohol content (BAC) of 0.080 percent or higher, your license may be revoked and the duration of the revocation is dependent on your prior DUI history:

  • First offense — 9-month revocation of your license
  • Second offense —12-month revocation of your license
  • Third offense — 24-month revocation of your license

Further, if your BAC was 0.170 percent or higher, or if you have prior alcohol related offenses, you will be required to have an interlock ignition device installed in every vehicle you own or drive for at least two years following the reinstatement of your driver’s license. The ignition interlock device prevents you from starting your car before submitting to an in-dash breathalyzer test.

If you are charged with DUI or DWAI, choosing the right attorney can make all the difference. At The Orr Law Firm, L.L.C., we have Colorado’s best DUI attorneys who can help protect your rights.