So you just got a DUI and heard about something called Express Consent. You are poking around the internet and you have quickly learned that what happens if you get charged with a DUI is very serious and confusing stuff. Here is the deal … it is very serious and confusing. So let us simplify the scary process that is about to happen!
There are two separate, and for the most part, distinct issues and actions that will happen: DMV and Criminal Case. DMV Administrative action and the Criminal Court Case. They do have some overlap but for the most part, are distinct issues and actions.
In the Blog, we will discuss just the DMV Administrative action. The DMV Administrative action begins when they either have
- (1) a breath test result (BrAC) over 0.08 grams of alcohol in 100 ml (commonly known as a 0.08% DUI)
- (2) a blood test result (BAC) comes back over 0.08%, or
- (3) you refuse to take a test (Refusal). The key is they need a test result before the DMV clock starts to tick.
- BREATH TEST: If you elect to take a breath test (BrAC) at the station (the PBT at the side of the road does not count for DMV) we know the results that day. It will be printed out by the intoxilyzer machine (most counties in Colorado are using the Intoxilyzer 9000 https://www.alcoholtest.com/intoxilyzer-9000/). If the result is over 0.08% the clock will start ticking which requires you to take action immediately. You will be issued 2 pieces of paper: a summons and a DMV express consent affidavit when they take your driver’s license. The officer should physically take your driver’s license (regardless of what state your license is from) and issue you a yellow document called an EXPRESS CONSENT AFFIDAVIT AND NOTICE OF REVOCATION. On the AFFIDAVIT 2/3 of the way down the page, you will see that it states that you have the Right to Request a DMV Express Consent Hearing
- BLOOD TEST: If you elect a blood test, we do NOT know the results that day. This is the biggest difference between a breath test and a blood test – the timing of the DMV request. Since we do not know the results that day, you will be issued just 1 piece of paper: a summons. The results will be sent to the lab. The lab will run the tests and provide the results to the officer. If the results are under 0.08% the officer will send one copy to the Court for the criminal case. If the results are over 0.08% the officer will send one copy to the Court for the criminal case and send a second copy to the DMV. The DMV will then notify you of your results and then give you a set amount of time to request a hearing. If you do not request the hearing you are agreeing that the DMV can take your license.
- REFUSAL: It is the same as the breath test. You will be issued 2 pieces of paper: a summons and a DMV express consent affidavit when they take your driver’s license.
If you are requesting an Express Consent Hearing, please do not email the Hearings division. Instead, please email Express Consent at firstname.lastname@example.org.