Express Consent Law
Colorado laws deems that a driver, upon granting of a license, agrees to voluntarily provide a blood or breath sample should a police officer have grounds to suspect DUI / Driving Under the Influence, or DWAI / Driving While Ability Impaired. If an arrest is made for DUI / Driving Under the Influence, or DWAI / Driving While Ability Impaired, the test results will most likely be used against the driver in court. A refusal to take the test will probably result in loss of license. A blood alcohol level above legal limits may also result in loss of license, but for a shorter period than due to refusal to take the chemical test.
Measurement of Blood Alcohol Level
In Colorado, a BAC between .05 percent and under .08 percent gives rise to a permissible inference of DWAI / Driving While Ability Impaired, and with a BAC of .08 percent or more, gives rise to a permissible inference of DUI / Driving Under the Influence. The level of alcohol concentration in the blood is expressed as a percentage of the blood in the body. For example, five parts alcohol in 10,000 parts of blood alcohol be shown as .08 percent blood alcohol concentration (BAC). Alcohol concentration in the body may be different between individuals that have consumed identical amounts of alcohol over the same time periods. The alcohol concentration in one’s body, in general, depends upon: body weight; amount of food in stomach; the period of time during which the alcohol was consumed, the amount of time since the last drink and several other factors, including metabolism and possible medical or gastrointestinal conditions. A person weighing 160 lbs. may be considered impaired by three drinks in one hour on a full stomach (BAC of .05 to under .08 percent). The same person drinking on an empty stomach would reach impairment after a couple of equivalent drinks. This same person who has had five drinks on a full stomach will be considered to be under the influence of alcohol (BAC of .08 percent or greater.)
DUI and DWAI charges typically involve the likelihood of loss of drivers license under Colorado’s express consent law. In most instances, certain action must be taken immediately to ensure that the right to contest a revocation is not compromised. It is very important to contact a qualified attorney without any delay.
Alexander Garlin has experience in representing individuals in administrative hearings regarding revocation or suspension of drivers licenses, and relating to probationary licenses, as well as providing criminal defense of Driving Under the Influence / DUI and Driving While Ability Impaired / DWAI and related criminal charges. Whether you contact Garlin Driscoll or other qualified attorneys, we recommend that you do so without delay to better understand your circumstances, thereby promoting informed decision making that could significantly improve the ultimate outcome of your case.
Garlin Driscoll’s criminal defense attorneys welcome your inquiry, and do not charge for initial telephone, e-mail and office consultations.