When a driver is arrested for Driving Under the Influence or Driving While Ability Impaired in Fort Collins, they are required by Colorado law to take an express consent test. Express consent tests take a chemical sample of the arrested person’s blood, breath, saliva, or urine to determine the content of alcohol or other drugs in their system. Unlike field sobriety tests, the express consent test is required, and refusal comes with numerous consequences. If you have been charged with DUI or DWAI – whether you took or refused an express consent test – it is critical that you contact a top criminal defense lawyer as soon as possible.
1. What is the Express Consent Test in Fort Collins?
In Fort Collins, the express consent test is a chemical drug test that you are required to take if you have been arrested for Driving Under the Influence / DUI or Driving While Ability Impaired / DWAI. This test is called such because you give your express consent to provide a chemical sample when you obtain your Colorado driver’s license. Technically, you may refuse this test, but refusal comes with a plethora of consequences.
2. What is the Difference Between the Express Consent Test and the Breathalyzer in Larimer County?
In Larimer County, the breathalyzer and express consent breath test both measure a person’s Blood Alcohol Content / BAC to determine whether they were intoxicated at the time that they drove. The difference between these two tests is that the breathalyzer is voluntary, and the express consent test is not. The breathalyzer is offered to a driver who has been pulled over on suspicion of DUI or DWAI, and should always be refused. If the driver is arrested for DUI / DWAI, they are then administered the express consent test. The easiest way to remember is that you are only required to provide a chemical sample after you have been arrested. Never agree to any tests if you have not been arrested.
3. What Happens if I Refuse an Express Consent Test in Loveland or Estes Park?
Refusing an express consent test in Loveland or Estes Park is not advisable, as it comes with numerous consequences. These include:
- Persistent Drunk Driver designation, even if it is your first DUI
- Driver’s license revocation for 1 year; eligible for early reinstatement after 2 months of no driving
- Installation of an ignition interlock device in your car, which must remain there for 2 years
- Paying for and obtaining an SR-22 insurance policy rider
- Paying for and enrolling in a Level II Alcohol Education program to have your license reinstated
On top of these consequences, your refusal also serves as evidence against you at the Larimer County Courts.
Have you been charged with Driving While Ability Impaired or Driving Under the Influence? First, be smart, and exercise your right to stay silent. Do not discuss your case with law enforcement, including the Fort Collins Police or Larimer County Sheriff. Then get in contact with a top DUI lawyer with decades of experience at the O’Malley Law Office today at 970-658-0007 to discuss your case. Together, we can protect your future.
The location for the Larimer County Courthouse is 201 Laporte Avenue, Fort Collins, Colorado. We’ll see you there!
Photo by Karolina Grabowska