David B. Harrison
DUI - Breath or Blood must be taken within two hours
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.