Legal Question in DUI Law in Colorado

Re: D.U.I. Arrest

Generally within two hours of your arrest. But don't hold your breath.

Re: D.U.I. Arrest

For the purposes of the DMV EC hearing the test must be administered within 2hrs- although some hearing officers are ignoring this standard and are attempting to extrapolate backwards. In order to be charged in court with Per Se DUI the test should also be with 2 hrs. Under case law, a test past two hours can be used as proof of intoxication at the time of driving for non-Per Se DUI through backward extrapolation. What is your specific situation?

Re: D.U.I. Arrest

In Colorado, the breath test should be administered within 2 hours of driving. Some leaway may be found if driver is still in actual physical control of car. Recently, there have been attempts to extrapolate back to time of driving, but there is good legal and scientific precedent to call BS on that.

If the test is outside of 2 hours, the result cannot be used to revoke your DL at DMV and you are not subject to the DUI per se law, but you can still be found guilty of DUI or DWAI at trial. The result still comes in at trial, but not at DMV.