DUI – Chemical Test Must be Completed within 2 Hours of Driving

The Colorado Courts have recently confirmed that a chemical test must be completed within two hours of the last driving for the Colorado DMV to be able to use it to revoke a driver’s license under the Express Consent Law. It is not that the test process must be started within two hours but that the process must be completed (breath sample result obtained or blood drawn). Just to be clear – the police officer must prove a credible time of the driving (which can be hard when an accident occurs and the officers don’t see the person driving – and are not sure how long after the accident they are arriving on scene). Then, they must complete the chemical testing procedure within two hours. It is important for a lawyer handling a DUI license revocation hearing to understand this, and to be current on the law, to give the best chance for a positive result at the DMV hearing.

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David B. Harrison

Licensed since 1982

Member at firm Miller & Harrison, LLC

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David B. Harrison

Licensed since 1982

Member at firm Miller & Harrison, LLC

AWARDS

AV Preeminent
Champion Badge Silver

RECENT POSTS

  • Avoiding jail time for felony DUI and drug offenses
    Posted on May 7, 2019
    Topic: Criminal Law

    Colorado law for felony DUIs (4 or more) and felony drug offenses require the Judge to consider if the person would benefit from treatment before deciding to send them to prison.  The law makes treatment and probation the prefered approach in these cases (no doubt due to Colorado prisons being substantially over crowded). A person ... Read more

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    For most criminal offenses in Colorado, the prosecutor must file the charges within specific periods of time. For most felony charges they must be filed within 3 years of the date the crime occurred or was discovered. Most misdemeanors must be filed within 18 months and most traffic misdemeanors must be filed within one year. ... Read more

  • Impaired by substances or by head injury?
    Posted on November 28, 2018
    Topic: DUI/DWI

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