Respected trial lawyer Shawn Gillum was named to the 2013 Colorado Super Lawyer Rising Star list for his proficiency in the practice of law. In Turbyne v. People, Shawn Gillum researched, authored, and argued a landmark case before the Colorado Supreme Court that involved Colorado’s express consent law. Under Colorado’s express consent law, those suspected to be driving under the influence (DUI) may be asked to take a chemical test to determine blood-alcohol concentration (BAC), or drug content. Chemical tests may need breath, blood, or urine samples. Legally speaking, consent may be implied or express. In implied consent, it is assumed consent is granted based on a person’s actions, while written or verbal consent is needed in express consent. Holding a Colorado driver’s license means the driver has expressly consented to be submitted to chemical tests if an officer finds probable cause that the driver is intoxicated. One factor a police officer considers to establish probable cause for arrest is roadside sobriety testing. There are three standardized roadside sobriety tests: the Horizontal Gaze Nystagmus, the One Leg Stand, and the Walk and Turn. The driver is not required to undergo roadside sobriety tests, but he or she must agree to chemical tests if probable cause exists to suspect the driver is impaired. After a driver is held in custody for suspicion of DUI, he or she has two hours to comply with a requested chemical test. If the driver refuses to undergo the chemical test, his or her driver’s license is automatically suspended. After reinstatement, his or her vehicle must be installed with an interlock ignition device. The driver is also required to complete a Level II Alcohol/Education program. He or she also may be required to obtain an SR-22 (high-risk) insurance policy.

1. Shawn Eric Gillum

2. Respected trial lawyer Shawn Gillum was named to the 2013 Colorado
Super Lawyer Rising Star list for his proficiency in the practice of law. In
Turbyne v. People, Shawn Gillum researched, authored, and argued a
landmark case before the Colorado Supreme Court that involved
Colorado’s express consent law.
Under Colorado’s express consent law, those suspected to be driving
under the influence (DUI) may be asked to take a chemical test to
determine blood-alcohol concentration (BAC), or drug content. Chemical
tests may need breath, blood, or urine samples.

3. Legally speaking, consent may be implied or express. In implied consent,
it is assumed consent is granted based on a person’s actions, while
written or verbal consent is needed in express consent. Holding a
Colorado driver’s license means the driver has expressly consented to be
submitted to chemical tests if an officer finds probable cause that the
driver is intoxicated.

4. One factor a police officer considers to establish probable cause for arrest
is roadside sobriety testing. There are three standardized roadside
sobriety tests: the Horizontal Gaze Nystagmus, the One Leg Stand, and the
Walk and Turn. The driver is not required to undergo roadside sobriety
tests, but he or she must agree to chemical tests if probable cause exists
to suspect the driver is impaired.

5. After a driver is held in custody for suspicion of DUI, he or she has
two hours to comply with a requested chemical test. If the driver
refuses to undergo the chemical test, his or her driver’s license is
automatically suspended. After reinstatement, his or her vehicle must
be installed with an interlock ignition device. The driver is also
required to complete a Level II Alcohol/Education program. He or she
also may be required to obtain an SR-22 (high-risk) insurance policy.