Obtaining a driver's license is a significant milestone for young drivers everywhere. However, with the freedom to drive comes responsibilities and legal expectations designed to keep everyone on the road safe. It is your responsibility as the driver to understand the laws in your state, or as you may cross state lines, as each state may have slightly different rules and regulations, and ignorance of the law is no excuse. Let's dive into one of those state-specific type laws in The Centennial State, Colorado!
One of the most critical legal principles tied to driving in Colorado is the "Express Consent Law." While most states have some form of an "implied consent" law regarding testing for driving under the influence, Colorado takes this legal obligation one step further where drivers automatically enter an explicit agreement under state law. Understanding this law is essential for teens navigating the Graduated Driver Licensing (GDL) system, and, frankly, all drivers. Let's learn more about it:
What Is the Express Consent Law?
The Express Consent Law in Colorado is a legal agreement that every driver implicitly makes when they obtain a driver’s license or drive on Colorado roads. By accepting the privilege of driving, you agree to submit to a chemical test (such as breath or blood tests) if a law enforcement officer suspects you of driving under the influence (DUI) of alcohol or drugs.
How Does the Express Consent Law Affect GDL Drivers?
The Graduated Driver Licensing program in Colorado is a tiered system designed to help young drivers gain experience gradually and safely. Under the GDL system, drivers progress through stages, starting with a learner’s permit, moving to a minor’s license, and eventually earning an unrestricted license. Because younger drivers are statistically more likely to engage in risky behaviors, they are subject to rules to assist them in developing good driving practices, and any violation of these rules, including the Express Consent Law, can have severe consequences.
Here’s what young drivers and their caring adults should know:
Zero Tolerance for Underage Drinking and Driving: For drivers under 21, Colorado enforces a zero-tolerance policy. If you have a blood alcohol concentration (BAC) between 0.02% and 0.05%, you can be charged with an Underage Drinking and Driving offense. A BAC above 0.05% may lead to standard DUI charges.
Refusing a Chemical Test Has Consequences: Under the Express Consent Law, refusing to take a chemical test results in immediate penalties, which can include:
Automatic license revocation for 1 year (or longer for repeat offenses).
Mandatory enrollment in an alcohol education program.
Installation of an ignition interlock device (IID) for reinstatement of driving privileges.
Impact on GDL Progression: Violations of the Express Consent Law can delay a young driver’s ability to progress through the GDL stages. For example, a license suspension could reset the clock on holding a clean driving record, which is a requirement for advancing to the next stage of licensing.
Increased Insurance Costs: A DUI or Underage Drinking and Driving conviction, or even a license suspension for refusing a test, can lead to significantly higher car insurance premiums, impacting a family’s financial situation.
Tips for Young Drivers to Stay Safe
To avoid the legal and personal repercussions of violating the Express Consent Law, young drivers should:
Plan Ahead: Understand the goal of events you will be attending. Ask questions, acknowledge the risks and your responsibilities attending a party where alcohol will be served.
Understand the Risks: Know that driving under the influence puts your life and others' lives at risk and carries long-term consequences for your driving privileges and record.
Stay Educated: Take advantage of the driver education programs required by the GDL system. These courses often include information on the dangers of impaired driving and the legal responsibilities of being behind the wheel.
Communicate with Caring Adults: Adults, you should discuss the Express Consent Law with your teens and establish clear rules and expectations around driving and alcohol use.
Final Thoughts
Driving is a privilege, not a right, and the Express Consent Law underscores the importance of responsible behavior on the road. For GDL drivers in Colorado, staying informed about this law is crucial to maintaining their driving privileges and ensuring their safety. By understanding the expectations and consequences of the Express Consent Law, young drivers can make informed decisions and contribute to safer roads for everyone.
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Tap here to learn more about Colorado's GDL Express Consent Law.
For more information on GDL responsibilities, and being a safe new driver, check out some of the MySADD courses at sadd.org/courses, review our programming at sadd.org/programs, or connect with your SADD representative for state-specific GDL resources!
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