Longmont Public Safety (LPS) posted a public service announcement about Colorado’s Expressed Consent Law (C.R.S. § 42-4-1301.1) which requires a driver to submit to a blood or saliva test if an officer has probable cause that the individual is under the influence of alcohol, marijuana, prescription drugs, and/or other illegal substances. “Penalties for refusing are often more severe than for failing the test, so drivers are encouraged to take the test if they are suspected of driving impaired,” LPS said. “Refusal to provide a breath or blood test once arrested for a DUI may come with increased consequences.”
LPS clarified that drivers still have a right to refuse a roadside breathalyzer test if the officer doesn’t have probable cause for arrest. Probable causes include erratic driving, slurred speech, sobriety test failure, or an admission of alcohol or drug consumption by the driver. When a driver is arrested, the Expressed Consent Law requires the individual to submit to a toxicology test.
Multiple members of the public commented on LPS’s Facebook post with concerns about THC levels in blood tests reflecting intoxication even when the driver did not consume marijuana or THC products in the hours before driving the vehicle. “A toxicologist can interpret the blood results and determine if it is recent use or prolonged use,” LPS responded…