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Implied Consent Law in Colorado

Colorado law states that all individuals that drive a motor vehicle upon the streets/highways of Colorado have consented to having their blood alcohol content [“BAC”] tested when directed by a law enforcement officer with probable suspicion of driving under the influence [“DUI”] or driving while ability impaired [“DWAI”]. If an individual does not cooperate in giving a sample (blood, breath, saliva, or urine), it will be considered refusal to submit to testing.

BAC may be tested by either a blood test or a breathalyzer. If the individual is over the age of 21, they may request either test be undertaken. However, if the individual is under the age of 21, they are limited to only requesting a blood test instead of a breathalyzer. Once the individual has made a preference failure to comply with that testing selection will be considered a refusal to submit. However, if a person is unable to take a breath test (i.e. injury, illness) the test shall be a blood test and no preference will be available.

If an individual makes a preference, that preference may be disregarded. In the event of extraordinary circumstances that delay timely sample collection (i.e. weather related delays, malfunctioning equipment), the individual suspected of DUI/DWAI will be required to complete the non-preferred test. In addition, if an individual is dead or unconscious, a blood sample will be taken and collected. However, if a test cannot be conducted, samples not utilized by the health care provider will be utilized for BAC testing.

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