DUI Law and Express Consent
DUI & Criminal Defense in Denver and Boulder, Colorado
The State of Colorado has an express consent law which requires you to consent to a chemical test if you are stopped with probable cause for suspicion of DUI or the lesser offense of DWAI. In other words, as part of the conditions of being granted a driver’s license in Colorado, you agree to submit to either a breathalyzer or blood test to determine your BAC when you are stopped by the police. Refusing this chemical test will result in serious penalties, including a one year suspension of your license. For a second refusal, your license will be revoked for two years.
Keep in mind that this refusal can be used against you in court, and you will most likely be subjected to many of the other penalties mandated by Colorado DUI laws.
Choosing Between the Blood and Breath Tests
In general, it is best to ask for a blood test rather than a breathalyzer test. The breathalyzer test will be conducted at the police station, and the only witnesses to the interaction are other police officers looking to establish your guilt. On the other hand, the blood test will be performed at a hospital where you will be surrounded by other witnesses, such as nurses, who can corroborate your version of the events.
While it is generally not advisable to refuse the chemical test, there are certain situations where it may be in your best interest to do so. If you believe your BAC is significantly over the legal limit of .08%, you may be better off refusing the test since you may face more severe penalties for a high BAC than for a refusal to take a chemical test.
Nicolas M. Geman Can Help You
If you have been charged with a DUI in the Denver, Colorado area, it is crucial that you hire an experienced Denver DUI defense attorney at once. Your life is on the line, and the stakes are too high to defend yourself. Without the help of an experienced DUI attorney, you will most likely face worse consequences than if you have the help of a lawyer.
Nicolas M. Geman has focused his entire practice on criminal defense. He is well known by all the major players in your case – police, judges, and district attorneys – and he has earned their respect. Mr. Geman will fight aggressively to help you achieve the best possible outcome for your case.
Unlike some large law firms where you pay top dollar for a big name attorney that will never work on your case, Mr. Geman will be personally involved in every aspect of your defense. He will listen carefully to your story, giving you the attention you deserve, and together you will devise the best defense strategy to achieve your desired outcome.