New Regs Require Formal Advisement on Test Choice

New Colorado Department of Revenue Regulations pertaining to Express Consent revocations now require officers who invoke the Express Consent law to specifically advise drivers that (1) they may elect either a blood or breath test; (2) that if they choose a breath test a second sample for independent chemical testing will NOT be preserved; and (3) failure to take and/or complete a blood or breath test will result in a one-year revocation of the driver's license.

This is an important regulation that overrules decades of legal precedent which held that there was no requirement for an officer to offer a choice of chemical tests under the Express Consent law. Now, failure to specifically offer a choice of tests is in direct contravention of Colorado Department of Revenue Regulations.

Note the other new regulation mentioned above--second breath samples for independent chemcial testing will no longer be preserved. Drivers who submit to a breath test must now submit two separate breath samples, which will be measured and recorded, with the lowest of the two measurements determining BrAC. Blood tests will continue to draw two blood samples, with one held for independent testing.