Colorado POST Practice Exam

What is expressed consent in relation to driving?

1. Agreement to follow traffic laws

2. Consent to take a chemical test if suspected of DUI

3. Permission to drive on a highway

4. Acceptance of insurance terms

The correct answer is: Consent to take a chemical test if suspected of DUI

Expressed consent in relation to driving refers specifically to the legal agreement that is given when a driver consents to undergo a chemical test, such as a breath, blood, or urine test, if they are suspected of driving under the influence (DUI). This consent is typically assumed under implied consent laws in many jurisdictions, meaning that by the act of driving, a driver has agreed to submit to such testing if law enforcement has reasonable grounds to believe they are impaired. This legal concept is significant because failing to comply with the request for a chemical test can result in automatic penalties, such as license suspension, regardless of whether the individual is ultimately found guilty of DUI. This underscores the importance of understanding that by choosing to drive, an individual is giving consent to such testing when required. The other options do not capture the essence of expressed consent in this context. While agreement to follow traffic laws is important for all drivers, it does not pertain to consent in a legal sense related to testing for intoxication. Permission to drive on a highway may involve a different set of legal and regulatory considerations, and acceptance of insurance terms involves agreements related to liability coverage, not driving conduct or DUI standards.