(970) 404-8884

Fort Collins Express Consent Lawyer

WHAT IS AN EXPRESS CONSENT LAW
Colorado has an express consent law, which requires a suspected intoxicated driver to consent to a chemical test of his or her blood, breath or urine. This is an administrative action and is not considered a criminal proceeding by the Colorado Supreme Court. As such, the burden of proof at the hearing is a preponderance of the evidence. It is a good idea to get a Fort Collins express consent attorney to help you navigate this process.

Minimizing Your Fort Collins DUI/DWAI Consquences

When a driver has a blood alcohol content (BAC) of .080 or above, an Express Consent Affidavit and Notice of Revocation is the form used by the Department of Motor Vehicles (“DMV”) to start the process. The form generally is yellow. When you submit to a breath test the notice is given to you by the law enforcement officer at the time of your arrest. You have seven days from receipt of the notice to request a hearing. If you gave a blood sample, it often takes weeks to get the test results. If the officer learns your BAC was .080 or above, he will contact the DMV and the Notice of Revocation form will be mailed by the DMV to your last known address. Upon receiving the Notice of Revocation you have a limited amount of time to request a hearing or the revocation automatically goes into effect.

If you request a hearing and no other driving restrictions apply, you will be given a temporary permit to drive until the hearing date. The DMV must schedule the hearing within 60 days of the request. Additionally, the DMV must provide a minimum of ten days’ notice prior to the hearing date. You can request that the officer be present at the hearing or waive the officer’s appearance. If requested, the officer must appear at the hearing or the action is dismissed.
Obviously, when the officer appears, he or she will testify. If the officer is not requested, the DMV will determine whether to revoke your license based on the report prepared by the officers who contacted you.

To revoke a license under the express consent law, the hearing officer must find:
1. You were in control of a motor vehicle.
2. The officer had a basis to contact you.
3. The officer had a reasonable belief that you were intoxicated.
4. The officer advised you of the express consent law.
5. A blood or breath test was administered in conformity with the Colorado Department of Health Regulations, or if this is a refusal, that you refused to take a test.
6. If a test was given, the BAC is .080 or above.
7. If a test was administered, the sample had to be given within two hours of the time of driving.

Frequently Asked Questions

Criminal defense attorneys represent clients charged with a crime. Crimes range from petty offenses, misdemeanors to felonies. Some defense attorneys focus on certain types of crime and develop more experience in handling those cases. David H. Johnson is a skilled criminal defense attorney who focuses on vehicular assault/homicide, theft, assaults and domestic violence, criminal mischief, harassment, drug offenses, white-collar crimes, embezzlement, sex assaults, fraud and forgery, restraining orders/protection orders, drug-related offenses, DUIs, criminal mischief, and trespass. This includes felony and misdemeanor crimes.
If all of the elements are proven at the hearing, the DMV will revoke your privilege to drive in Colorado – there are no exceptions. On a first express consent revocation, an adult driver with a BAC of .08 – .149 will receive a nine-month revocation. After serving 30 days of the revocation, you may receive an interlock restricted license. The interlock requirement will remain in effect for the remainder of the revocation period or until allowed to be removed earlier by the DMV.
If you lose your privilege to drive based on a refusal to give a test and it is your first refusal, you will receive a revocation of one year. After serving 60 days of the revocation, you may receive an interlock restricted license. The interlock requirement will remain for the remainder of the revocation period. A revocation based on a refusal will run consecutive to any previous or subsequent suspension, revocation or denial.
A second Express Consent Revocation based on a BAC of .08 or above or a second DUI/DWAI conviction will require an interlock for two years. You must wait 30 days after the order goes into effect before applying for an interlock license. A third or subsequent Express Consent Revocation based on a BAC of .08 or above or a third or subsequent DUI/DWAI conviction in a lifetime will require an interlock for two years. You must wait 30 days after the order goes into effect before applying for an interlock license.

If you have a revocation based on a second refusal you will require an interlock for two years. A revocation based on a third refusal requires an interlock for the longer of two years or what would have been the remaining period of revocation at the time of reinstatement. With all refusals, you must wait 60 days after the order goes into effect before applying for an interlock license.
Drivers under the age of 21 who lose their license for a BAC of .08 or above or based on a refusal are not allowed early reinstatement, but must serve the full nine-month revocation period without driving.

If the BAC is between .02 and .05 and is your 1st offense, you will receive a three-month revocation, but can receive a Probationary Drivers License after going 30 days without driving. The total restraint remains three months. A 2nd restraint based on a BAC of .02 – .05 results in a six-month revocation. A 3rd restraint based on a BAC of .02 – .05 results in a one-year revocation.

Drivers under the age of 21 with a BAC between .051 and .079 lose their license for three months on a 1st offense, six months on a 2nd offense and one year for a 3rd or subsequent offense. There is no probationary license allowed at this alcohol level.
If a driver is operating a commercial vehicle or a school bus and has an Express Consent Revocation based on a BAC of .04 to .079, a one-year revocation will be taken against his CDL. If a driver holds a commercial driver’s license (CDL), is driving any motor vehicle and loses his privilege to drive at an Express Consent Hearing for the first time based on BAC of .08 – .149, his Commercial Driver’s License is revoked for one year. The driver can reinstate his regular driver’s license with an interlock restricted license as stated above. If the BAC is .150 or above, the driver cannot reinstate his CDL until after the interlock requirement is removed, which means a minimum of two years and one month. A driver who has two express consent revocations and held a CDL at the time of both offenses is disqualified from ever obtaining another CDL. Both offenses must have occurred on or after October 1, 2005.
At this time, there are four companies that provide Interlock devices for Northern Colorado. All companies provide interlocks that test specifically for alcohol. The companies are:

Smart Start, Inc. 800-880-3394
Intoxalock 877-777-5020
Guardian Interlock 800-499-0994
Lifesafer 800-475-5490
Understanding the Express Consent Law is a complicated matter. At the Fort Collins law office of David H. Johnson, of the law firm Liggett, Johnson & Goodman, P.C., I evaluate your case and discuss the best options available for you.

For more information or to discuss your criminal defense needs, contact me today at my Fort Collins, Colorado, law office. Call 970-404-8884 now to schedule your FREE CONSULTATION with a Fort Collins Express Consent Lawyer.
Understanding the express consent law is crucial for drivers in Fort Collins because it requires you to submit to chemical tests (like breath, blood, or urine tests) if you're lawfully arrested on suspicion of DUI or DWAI. Refusal to comply with this law can result in immediate penalties, including automatic license suspension, and may be used against you in court. Knowing your rights and the consequences of refusal can help you make informed decisions if stopped by law enforcement. Should you find yourself facing legal issues related to express consent, contact us for expert legal guidance to protect your driving privileges and navigate the legal process effectively.

Additional Information in Fort Collins

Colorado Department of Revenue - Express Consent: Explains that by driving in Colorado, you automatically agree to submit to chemical tests if suspected of DUI or DWAI. Refusing the test can lead to immediate consequences like license revocation. The length of revocation depends on prior offenses and refusal history. Understanding this law is crucial for anyone facing an express consent case, as it can significantly impact your driving privileges and legal defense.
National Highway Traffic Safety Administration - Standardized Field Sobriety Test (SFST) Participant Manual: It outlines the procedures, techniques, and legal considerations for law enforcement officers conducting field sobriety tests to detect impaired driving. This manual includes detailed descriptions of the standardized tests, such as the Horizontal Gaze Nystagmus (HGN), Walk and Turn (WAT), and One Leg Stand (OLS), and how they should be administered. For an express consent case, this manual is crucial because it provides a framework for challenging the accuracy or proper administration of these tests. If an officer did not follow the guidelines outlined in this manual, the results of the sobriety test could be contested, potentially impacting the outcome of the case. The manual's emphasis on the proper execution of each test can be used to scrutinize the procedures followed during the arrest.
Forbes Advisor - What is An Implied Consent Law?: Explains how these laws require drivers to submit to chemical tests (like breath, blood, or urine) when suspected of DUI. Refusal to comply typically results in automatic penalties, such as license suspension, and may also be used as evidence against the driver in court. Understanding this law is essential in an express consent case because it highlights the legal consequences of refusal and can help shape a defense strategy by exploring procedural errors or constitutional challenges.
TESTIMONIALS

What Do Our Clients Say? 

Jane Doe,
David was very personable and knowledgeable. I'm glad I chose David to represent me. Thank you!
Jane Doe,
I appreciate all the help. Being informed throughout the process was comforting. Knowing what was going to happen before it did was perfect. Thanks.
Jane Doe,
Thank you, David & Lisa, for all of your time, help, and efforts. All the best to you both!
Jane Doe,
Your services were much, much appreciated. Thank you.
Jane Doe,
I couldn't have asked for better representation. You were very helpful and a blessing to me. Thank you for all you did!
BLOG

Latest News & Articles

Colorado sees an uptick in heroin use
Heroin use in Colorado, which for many years was on the decline in the state and across the nation, is once again regaining popularity in the Centennial State, according to recent statistics. According to the most recent National Survey on Drug Use and Health, about 5.1 percent of Colorado’s population abused painkillers in 2012. This […]
Read More
Colorado changing its Ignition Interlock Laws
Many states have mandatory ignition interlock laws. They require individuals who lose their driver’s license because of an alcohol offense to install an interlock before reinstating their privilege to drive. The interlock device requires the motorist to provide a breath sample before the vehicle will start. Then, while driving the driver is randomly required to give additional breath […]
Read More
Colorado Law Enforcement conducts annual DUI campaign this Labor Day Weekend
The annual DUI campaign is happening again this Labor Day weekend (2016). In an effort to reduce drunk driving on our streets and highways, Colorado officers are participating in the Heat Is On Program through September 2 nd. A similar initiative was observed last year. According to the Journal-Advocate, the 2012 program resulted in over 1,400 […]
Read More
1 … 10 11 12 13 14
CONTACT US

Contact A Fort Collins Attorney That Cares

Thank you for your interest and considering for using David H. Johnson, Attorney at Law, for your legal representation needs. I encourage you to reach out to me with any questions you may have. As an attorney that cares, I want to see all of our clients’ lives move beyond the temporary pain of legal action.

If you'd like to schedule a free consultation, please give me a call using the contact information below. I look forward to helping you.

Request Case Evaluation

Phone
(970) 404-8884
Fax
(970) 404-8884
Helping clients in FORT COLLINS and throughout Northern Colorado.
Address:
419 Canyon Avenue #226
Fort Collins, CO 80521
Copyright © 2025 David H. Johnson (Ligget, Johnson & Goodman, P.C.) - All Rights Reserved.
Powered By:
chevron-down