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- posted: Sep. 06, 2024
- DUI/DWI, Criminal Defense, Legal Reform, Civil Rights
As part of its efforts to stop drunk driving, Colorado has an “express consent” law. This means that anyone who operates a vehicle on one of the state’s roads automatically agrees to provide a breath or blood test upon request from law enforcement. Should you refuse to submit a sample, your driver’s license will be revoked for a period of time and you will be required to use an ignition interlock device on your vehicle for two years after your driving privileges are restored. While the principle of implied consent is fairly clear, the Colorado Supreme Court was faced with the question of whether a motorist could revoke this consent prior to a chemical test.
In Tarr v. People, the defendant was arrested on suspicion of DUI after being involved in a car accident. At the hospital, law enforcement officers requested a blood draw to determine the defendant's blood alcohol content. The defendant refused to consent to the blood draw, but did not physically resist when the officer took his blood anyway. When the state decided to use the result of the test as evidence against him, Tarr challenged its admissibility on Fourth Amendment grounds.
After reviewing the facts and law, the Colorado Supreme Court held that a driver does have the right to revoke their implied consent to a blood test. However, the court also emphasized that this revocation must be clear and unequivocal. If a motorist wishes to refuse a blood test, they must expressly communicate their refusal to the arresting officer. According to the ruling, once a driver has revoked their consent, law enforcement cannot compel them to submit to a blood test without obtaining a warrant. This means that if a driver refuses a blood test and law enforcement does not have sufficient probable cause to obtain a warrant, they cannot force the driver to submit to the test.
The Tarr decision provides important protections for drivers who are arrested on suspicion of DUI. If you are arrested and refuse to submit to a chemical test, it is crucial to be clear and explicit with the arresting officer about your refusal. By unequivocally revoking your consent, you can protect yourself from having your blood drawn without a warrant. Of course, the refusal would trigger the administrative license suspension.
If you are facing a drunk-driving charge, it is essential to consult with an experienced DUI defense attorney who can protect your Constitutional rights and represent you in police interviews and court proceedings. Polansky Law Firm in Boulder delivers exceptional advice and advocacy to Coloradans in a wide range of criminal defense matters. To schedule a free consultation regarding your case, please call 303-415-2583 or contact us online.
