Blue Lake with Mountain in Colorado - Colorado Express Consent Lawyer

Colorado Express Consent Lawyer

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Understanding Express Consent in Colorado DUI Cases

At The Lawrence Law Firm, we know that most drivers do not learn about Colorado’s express consent law until after they have already been stopped, arrested, and asked to submit to chemical testing. By that point, critical decisions must be made immediately, and the consequences can begin within days.

Under Colorado’s express consent law, anyone who drives a motor vehicle is deemed to have consented to a breath or blood test if a law enforcement officer has probable cause to suspect impairment. Refusing a chemical test can result in automatic license revocation, mandatory ignition interlock requirements, and enhanced penalties in court. These administrative consequences move quickly and are separate from the criminal DUI case.

If you need a Colorado Express Consent lawyer in Aurora, Denver, or anywhere in the Denver Metro Area, our DUI defense attorneys are prepared to act fast, protect your license, and challenge the legality of the stop, advisement, and testing procedures.

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 is Colorado Express Consent Used?

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 always require a blood test.

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Different Chemical Tests used in Colorado DUI Cases

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.  If this happens, speaking with a DUI Defense attorney in Colorado is crucial to determinng how to proceed.

License Revocation for Test Results of 0.08% or Higher

Under Colorado’s express consent law, a driver who submits to chemical testing and registers a blood alcohol content (BAC) of 0.08% or higher faces automatic administrative license revocation through the Colorado DMV. This revocation is separate from, and independent of, the criminal DUI case in court.

If the test result is 0.08% or above:

  • The officer will issue a notice of revocation.

  • You generally have 7 days from the date of service to request a DMV hearing.

  • If no hearing is requested within that timeframe, the revocation goes into effect automatically.

For a first alcohol-related offense, the revocation period is typically 9 months. Early reinstatement may be available after serving a portion of the revocation period, but it usually requires installation of an ignition interlock device and proof of compliance with DMV conditions. Repeat offenses result in longer revocation periods and stricter reinstatement requirements.

Because the DMV process moves quickly and does not depend on the outcome of the criminal case, immediate action is critical. Challenging the legality of the stop, the probable cause for testing, and the testing procedures themselves can directly impact your driving privileges.

What Happens If You Refuse a DUI Test?

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.

  1. Express Consent Affidavit & Notice of Revocation is issued.

  2. You have 7 days to request a hearing.

  3. A DMV hearing officer will review the officer’s testimony and evidence.

  4. 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:

  1. 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).

  2. 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.

  3. 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 desired

  4. Hearing 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 accused of refusing a chemical test in Colorado, time is critical. The express consent law gives you only 7 days from the date of notice to request a DMV hearing and fight for your driving privileges. If you miss that deadline, your license can be automatically revoked — even before your criminal case is resolved.

Acting quickly can make the difference between preserving your ability to drive and facing months of suspension and ignition interlock requirements.

Contact our Colorado Express Consent lawyer today for a free consultation. We will evaluate the legality of the stop, the advisement, and the testing process, explain your options clearly, and move immediately to protect your license and your future.

Questions about Colorado Express Consent?

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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