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Implied consent, compared to express consent (where consent is directly and clearly given with explicit words), is the agreement given by a persons action (even just a gesture) or inaction, or can be inferred from certain circumstances by any reasonable person.
Colorados express consent law requires you to take a Breathalyzer or blood test if an officer establishes probable cause for a DUI. After arrest for suspicion of driving under the influence of alcohol or drugs, drivers have two hours to comply with a chemical test request.
Implied consent, compared to express consent (where consent is directly and clearly given with explicit words), is the agreement given by a persons action (even just a gesture) or inaction, or can be inferred from certain circumstances by any reasonable person.
Implied consent, compared to express consent (where consent is directly and clearly given with explicit words), is the agreement given by a persons action (even just a gesture) or inaction, or can be inferred from certain circumstances by any reasonable person.
In the state of Colorado, field sobriety tests are voluntary. You have a right to refuse them, and we recommend doing so with politeness and firmness. However, you do NOT have the right to refuse chemical testingblood, breath, or urine analysisif the officer asks it of you.
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The bottom line is that refusing to take the sobriety tests will cost more in the long run, including larger fines and fees, longer license suspension, and possibly longer jail time if its not your first offense. 5 If you are stopped, your best bet is to take the tests.
(5) express consent means consent in writing, including consent conveyed electronically that bears an electronic signature as defined in section 106(5) of Public Law 106229 .
When a driver refuses to take a chemical test, the arresting officer can immediately take the drivers license and issue a temporary seven-day permit. A driver whose license has been revoked for refusing a chemical test is entitled to contest the revocation at an administrative hearing.
[2] Express consent is not time-limited unless the user withdraws their consent. Implied consent is more difficult to prove than express consent. Implied consent occurs through the actions or conduct of the patient rather than direct communication through words.
If you fail to complete a breath test, the police may ask for a urine or blood sample instead. If you continue to refuse, you will be arrested and charged with failing to provide a specimen.

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