Readers may have heard of the term implied consent or, here in Colorado, express consent. What this is referring to is the fact that drivers consent to providing a chemical test to police officers who have reasonable grounds to suspect that the driver is operating a motor vehicle under the influence of alcohol or drugs. All drivers give this consent by virtue of having a driver’s license.
One of the consequences of refusing to provide a chemical test during a DUI investigation is that the driver can have his or her license revoked for a time. The specific amount of time depends on the circumstances of the case. An individual who has had his or her license suspended is able to request a hearing to challenge the suspension, but the hearing must be requested within seven days of the refusal.
A handful of issues are considered at a license revocation hearing, including whether there was probable cause to stop the vehicle and to arrest the driver, whether a blood or breath test was performed legally and accurately, whether the outcome was a BAC at or above 0.08, and whether the suspect was given proper notice.
Drivers who face the possibility of having their license revoked can and should challenge the evidence on any of these points when the case is weak. Doing so with the help of an experienced DUI attorney is obviously a wise course. In our next post, we’ll look at an interesting argument brought up in litigation based on a recent license revocation hearing in Colorado.