Being arrested on suspicion for DUI or DWAI in Weld County, CO entails taking an expressed consent / express consent test. If you hold a Colorado driver’s license or are driving in the state of Colorado, you have already consented to taking this chemical test, which determines your Blood Alcohol Content / BAC or other drugs present in your system at the time that you drove. While you can refuse this test, it is not recommended, as refusal generally comes with several penalties. If you have been charged with Driving Under the Influence or Driving While Ability Impaired, don’t wait – contact a top Greeley criminal defense lawyer to represent you at the Weld County Courthouse.
1. What is the Expressed Consent Test in Greeley, CO?
In Greeley, CO, the expressed consent test is a chemical drug test required of any driver who is arrested on suspicion of Driving Under the Influence, Driving While Ability Impaired, or another drug- or alcohol-related driving offense. Whenever a person obtains their Colorado driver’s license or drives in the state of Colorado, they provide their express consent to this chemical test should they be arrested for one of these offenses. In other words, you have already consented to this test if you have a driver’s license. This test comes in the form of a blood or breath test. A person suspected of DUI or DWAI can technically refuse this test, but refusal comes at a steep price.
Remember: the expressed consent test is not the same as the portable breathalyzer. Until you have been handcuffed and arrested, you should not consent to any tests.
2. What are the Penalties for Refusing the Express Consent Test in Weld County?
There are many penalties that come with refusing the express consent test in Weld County. These include:
- License revocation for 1 year; eligible for early reinstatement after 2 months with no driving
- Designation as a Persistent Drunk Driver, regardless of whether you have previously been convicted of DUI / DWAI
- Your refusal acting as evidence against you at the Weld County Courthouse
It’s not worth it to refuse this test. It’s true that consequences will likely result, whether you agree to the test or not. Still, the repercussions of refusal typically outweigh those that result from taking the expressed consent test.
3. Can I Get My Colorado Driver’s License Reinstated in Fort Lupton and Eaton?
If your license was revoked for refusing the expressed consent test in Fort Lupton or Eaton, you can get your driver’s license reinstated. To restore your driving privilege, you must fulfill the following requirements:
- Do not drive for 2 months.
- Obtain an ignition interlock device and have it installed in your car. This must remain installed in your car for 2 years.
- Obtain an SR-22 insurance policy rider. This requires your auto insurance provider to notify the Weld County Court if you cancel your insurance policy.
- Enroll in a Level II Alcohol Education and Treatment program
Once you have completed these requirements, you may then submit an Application for Reinstatement with $120 of reinstatement and DUI restoration fees. Click here to learn more about reinstatement requirements.
Above all else, it is also imperative that you contact a top DUI lawyer right away. Having your driver’s license reinstated is beneficial, but you will still need to answer for criminal charges at the Weld County Court. Give us a call today – we can help you protect your future by representing you throughout your case.
Have you been charged with DUI or DWAI? Remember to always be smart, and exercise your right to stay silent. Then call 970-616-6009 to discuss your case with a top DUI attorney from the O’Malley Law Office today. Together, we can protect your future.
The location for the Weld County Courthouse is 901 9th Avenue, Greeley, Colorado. We’ll see you there!
Photo by Karolina Grabowska