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In Colorado, a driver's license can be revoked if a chemical test result is over .08 and the test was performed within two hours of driving. We recently encountered a situation for a client regarding this 2 hour rule. Our client had been involved in a collision. The accident report prepared by the state trooper put the time of the collision as 9:47 p.m. The client's blood was drawn at 11:29 p.m and the result was over .08. On its face, it would appear that the test was done within 2 hours of driving and that the client's license would be revoked. However, after ordering the dispatch log from the Colorado State Patrol we discovered that the call had been dispatched to them by the El Paso County Sheriff. We then ordered a copy of the dispatch log from the El Paso County Sheriff and found that they had been called by the Colorado Springs Police Department at 9:28 p.m. The original call had been dispatched to the Colorado Springs Police Department and they did not have jurisdiction. A deputy had been dispatched to the scene before they discovered that it was the state patrol's jurisdiction. The dispatch logs proved the the accident had occurred more than two hours before the chemical test. This was presented to the Hearing Officer at the Department of Motor Vehicle who dismissed the case and returned the driver's license to our client. Thanks to the hard work of our staff, we were able to save the client from a 3 month loss of his driver's license. If you find yourself in this situation, make sure to note the time.
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