- Fax: 720-918-2906
- 11990 Grant Street, Suite 550, Northglenn, CO 80233
Understanding Colorado’s Express Consent Law & How to Protect Your Rights During Chemical Testing
One Decision at the Scene Can Cost You Your License for a Year
Free Consultation Call 24/7
720-209-1469
You Already Gave Consent Just by Driving in Colorado
Personal Approach: “I’ve watched people make testing decisions in moments of panic that changed their lives forever,” says Attorney Lori Beck. “My job is to explain what each choice really means and fight to protect you regardless of what happened at the
If you’re stopped for suspected DUI in Colorado, the officer will almost certainly ask — or order — you to take a breath or blood alcohol concentration test. (BAC).
What many drivers don’t realize is that Colorado’s Express Consent Law means you’ve already agreed to chemical testing simply by driving on Colorado roads. Understanding how this law works — and what your options are — can be the difference between losing your license automatically and having a chance to keep it.
Here’s the critical choice you face: you can refuse the test and automatically lose your license for a year, or you can take the test and potentially provide evidence against yourself. Both choices have serious consequences, but with the right legal strategy, either decision can still be defended.
As a former Deputy District Attorney, Attorney Lori Beck has seen how the Express Consent Law plays out in real cases. She understands the split-second decisions you’ll face and knows how to minimize the consequences of whichever choice you make in that stressful moment.
— need immediate answers about testing choices? —
What Is Colorado's Express Consent Law?
Did You Agree to Testing Just by Driving?
Automatic Consent
Colorado Revised Statute 42-4-1301.1 states that anyone who drives a motor vehicle in Colorado has automatically given consent to chemical testing if an officer has probable cause to believe you’re driving under the influence.
No Escape Clause
You can’t “take back” this consent. Under Colorado law, the very act of driving is treated as your agreement to submit to chemical testing when an officer lawfully requests it.
Covers All Testing
Your consent applies to breath, blood, urine, and saliva testing for both alcohol and drugs when officers have probable cause for DUI, DWAI, or drug-impaired driving.
What Are Your Testing Options?
If You’re Age 21 or Over
- You can request a blood test instead of a breath test.
- If you refuse a blood draw, you will be required to take a breath test.
- Once you choose a testing method, you generally cannot change your mind.
- Two-hour deadline: Testing must occur within two hours of driving.
If You’re Under 21
- You can request a blood test for most charges.
- For UDD (Underage Drinking and Driving), you must take a breath test.
- The same two-hour rule applies.
— Chemical Testing —
When Can Police Force Chemical Testing?
What Crimes Allow Forced Blood Draws?
- Physical restraint: Authorized only when officers have probable cause for specific serious offenses.
Homicide Cases
- Criminally negligent homicide: Involving vehicles and resulting in death.
- Vehicular homicide: DUI-related crashes causing death.
Serious Injury Cases
- Vehicular assault: DUI-related crashes causing serious bodily injury.
- Third-degree assault: Assault involving a vehicle resulting in injury.
- Critical limitation: Officers cannot use physical force for standard DUI cases — only when death or serious injury occurred.
What About Medical Testing Exemptions?
Unconscious or Hospitalized Drivers
- Medical testing priority: Treatment takes precedence over evidence collection.
- Access to samples: Police can use unused blood drawn for medical reasons.
- Admissible results: Hospital test results can be used in court.
- No privilege protection: Physician–patient privilege does not apply in DUI cases.
Medical Emergency Exceptions
- Life-threatening conditions: Can excuse normal testing requirements.
- Treatment delays: May void Express Consent obligations.
- Medical judgment: Testing decisions follow professional discretion.
What Are the Consequences of Refusing Chemical Tests?
Automatic DMV Penalties for Refusal
First Refusal Consequences
- License Revocation: Automatic 1-year revocation — not just a suspension.
- No work permits: Restricted licenses are unavailable during revocation.
- No exceptions: Medical conditions or family emergencies don’t matter.
- Immediate: Your license is confiscated at the arrest scene.
Reinstatement Requirements
- Revocation period: Early reinstatement possible after 60 days with ignition interlock.
- Reinstatement fee: $120.
- SR-22 insurance: High-risk insurance required.
- Ignition interlock: Mandatory for reinstatement.
Repeat Refusal Consequences
- Second refusal: 2-year license revocation.
- Third refusal: 3-year license revocation.
- No “washout” period: All prior refusals count, regardless of age.
Criminal Court Consequences
- Evidence against you: Refusal can be introduced as evidence of guilt.
- Prosecutor’s argument: “Why would an innocent person refuse testing?”
- Jury instruction: The court will instruct the jury they may consider refusal as evidence.
- Difficult to overcome: Creates a strong inference of impairment.
✅ What Happens If You Submit to Testing
Benefits of Testing Compliance
- No automatic license loss: You gain the right to a DMV hearing.
- 7-day deadline: Must request a hearing within 7 days of arrest.
- Better negotiating position: Compliance demonstrates good faith.
Evidence Challenges Available
- Machine malfunctions: Breathalyzers often fail or give false readings.
- Improper procedures: Officers frequently skip required steps.
- Calibration issues: Equipment must be precisely maintained.
- Medical conditions: Health issues can affect test results.
Risks of Testing
- High BAC results: Can be damaging evidence in court.
- Permanent record: Results become part of your official case file.
- Expert testimony: Prosecutors often bring toxicologists to interpret results.
Testing Complications
- False positives: Medical conditions or medications can cause errors.
- Rising BAC: Your level may have been lower while driving.
- Equipment errors: Machines are not always accurate.
⚖️ Commercial Drivers Face Enhanced Consequences
CDL-Specific Refusal Penalties
Additional Warnings Required:
- 24-hour out-of-service order: Cannot drive commercial vehicles immediately
- 1-year CDL disqualification: First refusal
- Lifetime CDL disqualification: Second refusal
- No work permits: Commercial driving career effectively ends
Lower Testing Standards:
- .04% BAC limit for commercial vehicle operation
- Off-duty consequences: Personal vehicle refusal still affects CDL
- Interstate impact: Disqualification applies in all states
Career Destruction:
- Immediate termination: Most trucking companies fire immediately
- Insurance issues: Personal and commercial rates skyrocket
- Limited future employment: Few companies hire drivers with refusal history
What Are "Extraordinary Circumstances" in Testing?
When Can You Change Your Testing Choice?
Rare Exceptions: Colorado law allows test changes only under "extraordinary circumstances" beyond law enforcement control.
Qualifying Circumstances
- Weather-related delays: Conditions that prevent timely testing.
- Power outages: Interruptions that affect testing equipment.
- Medical emergencies: Situations requiring immediate transport.
- Equipment malfunctions: Failures that cannot be quickly repaired.
- High call volume: Shortages of medical personnel delaying testing.
What Does NOT Qualify
- Officer inconvenience: Busy workload or scheduling conflicts.
- Minor delays: Timing issues that don’t threaten the 2-hour deadline.
- Routine circumstances: Situations under police control.
- Change of mind: Simply deciding you want a different test.
How Does the Two-Hour Rule Work?
Critical Deadline: All chemical testing must occur within 2 hours of when you were driving.
What Happens After 2 Hours
- Inadmissible evidence: Testing may not be allowed in court in many cases.
- Refusal charges dismissed: These may not apply if the delay wasn’t your fault.
- Weakened prosecution: Delays can significantly undermine the state’s case.
Strategic Implications
- Hospital delays: Can sometimes work in your favor.
- Equipment problems: May void test requirements.
- Officer mistakes: Errors in timing can lead to dismissed charges.
What Should You Do If You're Facing a DUI, DWAI, DUID, Or a UDD?
🛑 Take Immediate Steps to Protect Yourself 🛑
Request DMV Hearing
Call (720) 209-1469 immediately. We’ll request your DMV hearing before the 7-day deadline expires.
Don’t Talk to Police
Exercise your right to remain silent. Don’t explain what happened or admit to drinking. Anything you say will be used against you.
Gather Evidence
Write down everything you remember about the stop and arrest. Document any medical conditions, medications, or other factors that could affect the case.
Don’t Plead Guilty
Never plead guilty without consulting an experienced DUI attorney. Many cases that seem hopeless can be won with the right defense strategy.
The Experience That Protects Your Rights
Former Prosecutor Advantage: Deep understanding of how Express Consent cases are built and prosecuted, allowing us to anticipate and counter every prosecution strategy.
24+ Years Experience: Extensive experience defending Express Consent violations across Denver District Court, Jefferson County, Arapahoe County, and throughout Colorado.
Testing Expertise: Detailed knowledge of chemical testing procedures, equipment limitations, and medical factors that can affect results.
“Best decision I ever made — Lori and her team were awesome…”
— Adan Diaz
What Sets Our Express Consent Defense Apart?
- Emergency Response: Available 24/7 for testing decision guidance and immediate post-arrest defense.
- Technical Expertise: Deep understanding of testing equipment, procedures, and medical factors affecting results.
- DMV Hearing Experience: we bring aggressive representation to both DMV hearings and criminal court proceedings, protecting your rights at every stage.
- Medical Consultation: Network of medical experts who can explain testing limitations and physiological factors.
- Full-Service Support: Access to our comprehensive DUI defense and broader criminal defense services.
Why Choose Beck Law for Express Consent Defense?
Why Does Former Prosecutor Experience Matter for Express Consent Cases?
Testing Strategy Expertise: As a former Deputy District Attorney, Attorney Lori Beck commanded the prosecution's approach to Express Consent cases and now exploits their procedural weaknesses to protect your rights.
Evidence Evaluation: Her prosecutorial background reveals which testing evidence will hurt your case most — and she neutralizes it before it can be effectively used against you.
Negotiation Leverage: Her insider knowledge of how prosecutors value Express Consent evidence delivers better plea agreements and often results in reduced charges that preserve your driving privileges.
— Express Consent Defense —
Can Express Consent Law Be Challenged?
Challenge Probable Cause
- No reasonable suspicion: The initial traffic stop lacked legal justification.
- Insufficient evidence: Officers lacked grounds to demand chemical testing.
- Constitutional violations: Rights were violated during the investigation.
Attack Testing Procedures
- Improper warnings: Officers failed to clearly explain the consequences of refusal.
- Equipment issues: Malfunctions or calibration errors compromised results.
- Two-hour violations: Delays beyond the legal window may render tests inadmissible.
- Medical conditions: Health issues may affect the reliability of results.
Question Cooperation Requirements
- Ambiguous refusal: Behavior may reflect confusion or medical inability rather than refusal.
- Language barriers: Communication issues may have prevented understanding.
- Medical limitations: Conditions may have made compliance impossible.
Frequently Asked Questions About Express Consent Law
Can I talk to a lawyer before deciding whether to take the test?
Generally no. Colorado law doesn’t provide a right to consult an attorney before chemical testing. However, you can ask, and some officers may allow brief consultation if it doesn’t delay testing beyond the 2-hour deadline.
What if I have a medical condition that affects testing?
Medical conditions can provide defenses to both refusal charges and test results. Conditions like diabetes, GERD, or breathing problems can affect test accuracy. We investigate all medical factors that could impact your case.
Can I refuse field sobriety tests but agree to chemical testing?
Yes. Field sobriety tests are voluntary in Colorado with no penalty for refusal. Chemical tests are different—they’re required under Express Consent Law. You can refuse roadside tests and still cooperate with chemical testing.
What if the officer didn't properly explain the consequences?
Improper warnings can invalidate refusal charges. Officers must clearly explain the consequences of refusal. If they failed to give proper warnings or gave incorrect information, we can challenge the refusal finding.
Does Express Consent apply to marijuana testing?
Yes. Express Consent covers testing for any impairing substance, including marijuana, prescription drugs, and illegal drugs. The same refusal consequences apply regardless of the suspected substance.
Can I get my license back early after a refusal?
Generally no. Refusal revocations must be served in full. However, we can challenge the refusal finding at your DMV hearing. If successful, your license is restored immediately.
Don't Let Express Consent Law Destroy Your Defense
Call Us 24/7
Express Consent Law creates a legal trap that catches thousands of Colorado drivers every year. Whether you submitted to testing or refused, the consequences follow you for years. But these laws have weaknesses, and experienced defense attorneys know exactly how to exploit them.
The prosecution wants you to believe Express Consent makes your case hopeless, but it doesn’t. Every testing case has potential challenges, and every refusal case has possible defenses.
Your testing decision at the scene doesn’t determine your case outcome—your defense strategy does. Don’t let fear or guilt about your testing choice prevent you from fighting for your rights and your future.
Get Your First Consultation FREE!
We Look At The Law Differently
What Our Clients Say
Serving Denver and Colorado's Front Range
Beck Law Office helps clients navigate Express Consent Law throughout Colorado:
Counties Served: Adams, Arapahoe, Boulder, Broomfield, Denver, Douglas, El Paso, Gilpin, Jefferson, Larimer, Weld
Major Cities: Northglenn, Thornton, Denver, Aurora, Boulder, Colorado Springs, Fort Collins, Greeley, Lakewood, Littleton, Westminster, Arvada
Court Experience: Extensive experience challenging Express Consent evidence in municipal courts, county courts, and district courts throughout Colorado’s Front Range.