We unravel the mysteries behind Colorado’s infamous Express Consent Law,
and what it means for Colorado drivers.
What does Express Consent mean for Colorado drivers? If you are arrested for DUI in Colorado, provided the officer isn’t incompetent, they will say something like, “By operating a vehicle in the State of Colorado, you have already consented to take a chemical test if you are suspected of driving while impaired.” That means that you have three options; you can choose to take a breathalyzer test at the police station, you can take a blood test administered at a medical facility, or you can refuse.
- If you refuse, the DMV will try to suspend your license, and the only way to stop them is to request an express consent hearing. You must request an Express Consent (EC) hearing within 7 days of receiving your notice of revocation.
- If you choose breath and blew below .08 the DMV will not try to take your license. If you blew .08 or above, you will receive the same notice of revocation and will have to request an EC hearing within 7 days.
- You will have to wait a few months for the results if you choose to do a blood test. However, you will be allowed to retain your driver’s license until the results come back. If the results come back .08 or higher, you will receive the same notice and will need to request the same hearing.
Regardless, when you request your hearing, you will have the option to request that the officer be present. ALWAYS REQUEST THAT THE OFFICER BE PRESENT.
The DMV will have 60 days after receiving your request to schedule your EC hearing.
What happens at an Express Consent Hearing?
Officially, there is no “prosecutor” in an Express Consent Hearing like there is in criminal court proceedings. Instead, the arresting police officer recounts the interaction directly to the Hearing Officer, who is a combination of judge and prosecutor. That is why it is HUGLY important to request the office be present at your hearing. Their testimony is the main evidence against you. If you request that the officer be present, and the officer fails to appear, congratulations, you just won your hearing!
If the officer does appear, they will need to recount their interaction, beginning from when they chose to engage with you (pulled you over, approached you or your vehicle, responded to a call) until they decided to arrest you for suspicion of DUI. However, the burden of proof for the officer is incredibly low. The police are only required to show that;
- The officer had a legal reason to contact you
- The officer had a reason to believe that you MIGHT be intoxicated
- And, that you refused the chemical test, or failed it within the 2-hour testing window
If you refuse the test or fail it within the 2-hour window, and the officer appears, you will almost certainly lose the hearing.
After the officer gives his or her testimony, you, or your attorney, will get to ask the officer questions about that interaction and their general knowledge of assessing impairment and Colorado DUI law.
You, or your attorney, will then present an argument in response, arguing why you should not have your license restricted.
Finally, the Hearing Officer will either find for or against you.
If they rule against you, your license will be suspended immediately, (although we can help you get it back).
Occasionally, The Court has to consider the facts and arguments before issuing a verdict. You will be notified once a decision is reached, either by the DMV or by your attorney, if you chose to hire one.
Is it worth hiring an attorney for an Express Consent Hearing?
You’ve probably picked up on how difficult it is to win an EC Hearing. In fact, there are only a few ways to win an express consent hearing.
That’s the bad news. The good news is; we can help you determine if your EC Hearing is a winnable one. For most cases, we will provide you with guidance to represent yourself, and for more complex cases we can argue the hearing on your behalf.
Still not sure if you want a lawyer for your Hearing?
That’s okay. You will have approximately 60 days from when you request your hearing to decide, but remember; you only have 7 days to request your hearing, so even if you aren’t sure if you want to have an attorney represent you, do not wait to request your hearing!
Navigating the Express Consent Hearing process in Colorado can be confusing. We know the laws and have strong relationships with DAs statewide. Don’t risk your future with just any attorney. If you’re facing DUI or DWAI charges, Andrew Brown and Pav Law are your best defense.
Schedule a free consultation now, or call (719) 888-7888 to talk to a lawyer, today!
