Santa Maria, CA DUI Law Firms & Lawyers

Additional information is needed to accurately answer this question. With that being said, I am assuming that at the time of your arrest, your license was taken by the arresting officer and you were given a pink paper, which is a temporary license and which will expire in 30 days from the date of your arrest, at which time you driving privileges will be suspended. If you wish to dispute the license suspension, you or your attorney, must contact DMV within 10 days from the date you received the temporary license (pink paper) and request an Admin Per se hearing. If you fail to request the hearing within the 10 days, you will lose your right to a hearing. Please note that this is in addition to any court appearance date given to you when you were cited.

In Colorado, there are express consent laws. This means that the DMV (not court) will suspend your license for one year for refusing a blood or breath test if the officer has probable cause to believe that you were driving under the influence of alcohol and/or drugs. The Fourth Amendment protects you from unreasonable search and seizure without a warrant - if the police force a blood draw without a warrant that is a per se violation of your rights. So, the cop was right in that if you would have refused the DMV may suspend your license for up to a year- if the officer had probable cause to request the test. This is a rather low standard. If you are being charged with DUID-you should retain a good defense lawyer in your area to fight both the court and DMV actions. A lower level of THC may not rise to the level of impaired as required by statute.