Serving Aurora, Denver Metro & Colorado | 15+ Years of DUI Defense
Colorado Express Consent Lawyer
Helping those accused with DUI's navigate the DMV
Understanding Express Consent in Colorado DUI Cases
At The Lawrence Law Firm, we know that many drivers only hear about Colorado’s express consent law after they have already been pulled over and arrested. By then, the clock is ticking, and quick action is critical.
This law requires every driver in Colorado to submit to chemical testing if law enforcement suspects impairment. Refusing a test can cost you your driver’s license, increase penalties, and complicate your defense.
If you need a Colorado Express Consent lawyer in Aurora, Denver, or anywhere in the Denver Metro Area, our DUI attorneys are ready to fight for you.
What Is Colorado’s Express Consent Law?
Under C.R.S. § 42-4-1301.1, anyone who drives in Colorado gives their express consent to chemical testing. That means the moment you operate a vehicle, you’ve legally agreed to provide a breath, blood, saliva, or urine sample if an officer has probable cause to believe you are impaired by alcohol, drugs, or both.
This is stricter than “implied consent” laws in other states—Colorado law is direct, and refusal has immediate consequences.
When Does Express Consent Apply?
Police can invoke express consent in several circumstances, including:
If an officer has reasonable grounds to believe you are driving under the influence.
After a lawful arrest for DUI, DWAI, or DUI drugs.
If you are under 21 with a BAC of 0.02% or greater.
When you are involved in a serious accident that results in injury or death.
At that point, you must typically choose between a breath test or a blood test. In cases involving suspected drug use, officers will almost always require a blood test.
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Our Colorado Express Consent lawyer is here to help. He’ll review your situation, answer your legal questions, and explain your options — all at no cost and with no obligation.
Types of Chemical Testing
Colorado law recognizes different testing methods:
Breath Test – Often used in alcohol DUI cases. Results are available right away.
Blood Test – Required in drug-related cases and sometimes alcohol cases. Samples must be drawn and analyzed by a lab.
Urine/Saliva Test – Rare but may be used for suspected drug impairment.
If you are unconscious, medical personnel may still draw blood under express consent rules.
What Happens If You Refuse?
Refusing a chemical test is one of the costliest decisions you can make under Colorado law. The penalties for refusal are administrative and separate from your criminal case.
License Revocation
First refusal: 1-year revocation.
Second refusal: 2-year revocation.
Third refusal: 3-year revocation.
Ignition Interlock
Required for 2 years upon reinstatement.
Evidence in Court
Prosecutors can argue your refusal shows consciousness of guilt.
Jurors may consider your refusal when deciding your case.
Strict Deadlines
You have 7 days to request a DMV hearing to challenge the revocation.
Refusing doesn’t protect you from a DUI conviction—it only adds more hurdles to your case.
DMV Hearings and the 7-Day Deadline
The Division of Motor Vehicles (DMV) automatically starts revocation proceedings if you fail or refuse a test. This process is separate from the criminal court case.
Express Consent Affidavit & Notice of Revocation is issued.
You have 7 days to request a hearing.
A DMV hearing officer will review the officer’s testimony and evidence.
Your attorney can challenge the legality of the stop, the arrest, and the advisement.
Losing at the DMV hearing means losing your license for months or years. Our express consent attorney represents clients at both the DMV level and in criminal court to protect every possible avenue of defense.
Information concerning the DMV hearing can be found online at the Department of Revenue Hearings Division website.
Understanding the Express Consent Process in Colorado
As a Colorado express consent law defense attorney, it’s critical to understand the state’s procedural timeline following a DUI-related chemical test or refusal.
According to the Colorado DMV’s “Basic Case Lifespan of an Express Consent Per Se or Refusal“ diagram, the process unfolds as follows:
License Surrender at the Stop
At the moment of arrest, the driver’s license is surrendered to law enforcement, and the express consent packet is forwarded to the Department of Revenue (DOR).Seven-Day Hearing Window
The driver has seven days from the incident to request an administrative hearing with the DOR’s Express Consent Unit.If no hearing is requested within that window, the revocation goes into effect on Day 8.
Hearing Notification
If a hearing is requested in time, the DOR schedules it—typically within 60 days—and notifies the driver, including provisions for subpoenaing the arresting officer if desiredHearing and Final Decision
During the hearing, either you—or your attorney—can present facts, subpoena witnesses, and argue your case. The hearing officer will then issue a decision:Revocation Affirmed: The license suspension stands, and reinstatement will depend on your offense history and whether you comply with interlock requirements.
No Action: Your license is reinstated, often with immediate reissuance at a local DMV branch
Marijuana, Drugs, and Express Consent
Colorado’s legalization of marijuana does not exempt drivers from express consent obligations.
If an officer suspects marijuana or another drug, they will order a blood test.
Colorado law allows a jury to infer impairment at 5 nanograms of THC per milliliter of blood.
This “permissible inference” is not the same as a per se limit—it can be challenged by an experienced defense attorney.
Refusing a blood test in these cases carries the same harsh penalties as refusing a breath test.
Defenses Against Express Consent Penalties
At The Lawrence Law Firm, we carefully analyze every step of your DUI stop and testing procedure. Common defenses include:
Illegal Stop – If the officer had no valid reason to pull you over, all evidence may be suppressed.
Improper Advisement – Police must properly inform you of the express consent law and the consequences of refusal.
Testing Errors – Breath machines may be improperly calibrated. Blood samples may be mishandled or contaminated.
Medical Conditions – Certain health issues (such as GERD, diabetes, or asthma) can skew breath test results.
Constitutional Violations – If your rights were violated during the stop, arrest, or testing, the case may be dismissed.
Every case is different, and our Colorado Express Consent lawyer develops a defense strategy tailored to the facts of your arrest.
Special Situations: CDL and Underage Drivers
Commercial Drivers (CDL Holders)
A BAC of 0.04% is enough to disqualify commercial driving privileges.
A refusal results in automatic CDL suspension—even if you weren’t driving a commercial vehicle at the time.
Underage Drivers
Drivers under 21 face penalties for a BAC as low as 0.02%.
Even minimal alcohol use can lead to license suspension under express consent laws.
These cases require aggressive representation, as they can threaten careers, education, and future opportunities.
Contact a Colorado Express Consent Lawyer – You Only Have 7 Days
If you were arrested for DUI or refused a chemical test in Colorado, do not wait. The express consent law gives you just 7 days to fight for your license.
Contact our Colorado Express Consent lawyer today for a free consultation. We will review your case, explain your options, and fight to protect your rights.
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Areas of Practice
Service Areas
- Denver County
- Arapahoe County
- Adams County
- Douglas County
- Jefferson County
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Contact Information
Address
2821 S. Parker Rd. Suite 865 Aurora, CO 80014
Contact
lain@coloradodefenders.com Ph: 720-369-4929
Hours
Monday-Friday: 8 am - 6 pm Weekends and Afterhours By Appointment