SH, There is no such this as "with cause" as you stated. There is probable cause and reasonable cause.
The link you gave me posted this:
Colorado's Express Consent Law requires any driver to consent to a chemical test if a police officer has reasonable grounds to believe the person is driving under the influence or their ability to operate a motor vehicle is impaired because of alcohol, drugs or both.
This is not correct, at least to my knowledge and from reading the actual law. Your link states "reasonable grounds" which is inaccurate. See below for the actual wording. (it should be "probable", a big diff)
Firstly, the Express Law (like so many other laws)is unconstitutional, plain and simple. The Bill of Rights is the Supreme Law of the Land. Anything trying to override the amendments is a constitutional violation and cases like these run into the courtrooms quite often as people are getting sick and tired of our loss of liberties ever since 911. You can still say no to a blood draw, breathalyzer (and to searches, etc). No means no, law or no law. If they take your license because of your refusal to comply, you have to fight it out in a courtroom. "Reasonable" suspicion violates the constitution laws. It is not the same as "probable cause" as reasonable means nothing more than a cops going on a hunch. It's bogus. They can pass all the bogus laws they want but you still have a choice to not consent. The Express Law states "probable cause" not "reasonable cause/suspicion, "reasonable grounds" or any other form of cause.
here is the actual law:
“You are required to take, complete or cooperate in completing an evidential chemical test to determine the alcoholic content of your blood or breath (C.R.S. 42-4-1301.1 (2) (a) (I). The chemical test you choose is the test you will be taking. You cannot choose a different test later (C.R.S. 42-4-1301.1(2) (A) (II). If you choose a blood test, two (2) tubes of blood will be drawn. One tube belongs to you and you may have it tested at a Health Department Certified Independent Laboratory of your choice. If you choose a breath test, two (2) breath samples will be analyzed by a certified evidential breath alcohol testing device following an approved standard operating procedure. You will not receive a sample to have independently tested by a certified laboratory.
If you refuse to take, complete or cooperate in completing an evidential chemical test to determine the alcoholic content of your blood or breath your driving privilege may be revoked (C.R.S. 42-2-126(2)(a)(II)).”
as per above: Note the use of the word "may" be revoked. It does state that "it will" be revoked. This is pure intimidation and signifies that this is open to debate in and out the courtrooms. Just more slick verbiage to trick folks into complying. A person can still say no and then battle it out in the courts. So to split hairs (and yes thats what "law" is all about) the possibility that they take your license is there but not put in stone. And in the legal arena that is a huge difference.
It goes on further to say (note "probable cause"):
2) (a) (I) A person who drives a motor vehicle upon the streets and highways and elsewhere throughout this state shall be required to take and complete, and to cooperate in the taking and completing of, any test or tests of the person's breath or blood for the purpose of determining the alcoholic content of the person's blood or breath when so requested and directed by a law enforcement officer having probable cause to believe that the person was driving a motor vehicle in violation of the prohibitions against DUI, DUI per se, DWAI, habitual user, or UDD.
Heres the link to the actual verbiage of the law in its entirety:
http://www.orrlaw.com/drivers-license/dui-and-the-dmv/colorado-express-consent-law/
(it also has a separate section which addresses "commercial drivers" which appears more aggressive. see 42-1-12 llll)
Many laws are unjust. Everything the Nazi's did were bypassed by new laws that made it legal to carry on their atrocities (it was nice to see some of those nazi pricks get charged with war crimes later on). Unjust laws can be thrown out by a jury in the legal courtrooms by what is called Jury Nullification. So the common people have some choices they can make. They can say no and then battle it in the courts. Most people do not want to fight for their rights so they comply with the bogus unconstitutional laws, plead guilty and take a plea bargain. And other folks choose to battle it out. If the pigs did not have probable cause the case is thrown out and any other changes that proceeded afterwards are null and void. And Jury Nullification is the cats ass if we could only get more people to acknowledge its existence and use it appropriately. So many laws are unjust and even though the SOB's have trampled our Constitution, many people who sit on the juries still acknowledge the Bill of Rights and often use their power to overturn the wrong doings of our political pigs who have infiltrated out everyday freedoms. (i.e right to travel, right to bear arms, right to free speech, etc)
excuse the typos.
This term comes from the
Fourth Amendment of the
United States Constitution:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
(note: there has been some arguments and court cases as to the 4th amend being considered valid in an automobile but from I have seen and heard (first-hand) the rights still apply.)
===========================================================
Skyhigh, hypothetical question: You pull over to a "safety" checkpoint one rainy night in June. The Bacon-boys are pumped up and they tell you they have "reasonable cause" to think that you under the influence of MJ. They tell you they smell it and that your eyes are red. They want to take you down for a blood draw to check your blood for drugs. They also mentioned they want to detain you and strip search you for their safety and to make sure you are not carrying weapons or dope. They also want to search your vehicle. You were not high at the time of the stop and you did not do anything wrong. (although MJ most likely show up in your blood). What would you do?
