Chemical Tests in General: In Colorado, once the officer has placed the DUI suspect under arrest, the officer should give the DUI suspect a choice to take either a blood or breath test (if the officer believes the person is on drugs, the officer can make the choice between blood or urine). These are the tests used to determine a person’s BAC (BrAC for breath test). The BAC is basically the measurement of the amount of alcohol in a person’s blood stream. A person driving in the state of Colorado has automatically “expressed consent” to take a blood, breath, or urine test once the officer has reasonable suspicion that the driver has been drinking (or taking drugs). If the DUI suspect refuses to take the test that person will have his / her Colorado driving privileges revoked for 1 year for a first time refusal.
Charges: In Colorado a person may be charged with Driving Under The Influence (DUI) or Driving While Ability Impaired (DWAI). The BAC for a DUI charge is .08 or higher while a DWAI is .05 - .079. A minor will be charged with DUI if the minor’s BAC is .02 or higher.
In Colorado, once arrested for drunk driving, DUI, or DWAI the officer will require the driver’s breath or blood sample. If the driver submits to a breath sample and driver’s Blood alcohol content (BAC) is above a .08 the officer is supposed to take the motorist’s driver’s license, issue a temporary permit and notify the suspected drunk driver of his/her right to request a Department of Motor Vehicle (DMV) hearing in writing within 7 days of the stop or being pulled over. DMV will determine whether the suspected drunk driver driver’s license should be revoked and whether or not the suspected drunk driver will be granted a red license. If the suspected drunk driver fails to request a DMV hearing, in writing, within 7 days his/her right to a hearing will be waived and DMV will make an independent determination, normally finding that the driver was driving drunk, driving while under the influence of alcohol, (DUI). If the driver submits to a blood test, the laboratory will forward the results to DMV. If the results are above .08 then DMV will issue a letter to the driver notifying the driver that the driver’s license is going to be revoked for drunk driving and that the suspected drunk driver has 7 days to request a hearing. The letter is deemed received three days after mailing. The suspected drunk driver is then required to go into DMV and request a hearing and a temporary permit. Failure to request a hearing within 7 days of receipt of the DMV notice will be result in the hearing being waived and the license being revoked for drunk driving, DUI.
