Law enforcement across Colorado is seeing an increase in drivers refusing to take a blood or breath test when arrested for driving under the influence (DUI). Unfortunately, many people have misconceptions about this process. Here’s the truth: it’s illegal to refuse a toxicology test, and doing so will result in more severe penalties.
Under Colorado’s Expressed Consent Law, anyone who drives in the state automatically agrees to take a toxicology test (blood or breath) if suspected of driving under the influence of alcohol or drugs. This applies to both residents and visitors — even if you don’t have a valid Colorado driver’s license.
If you are arrested for DUI, you must provide a toxicology test within two hours of being stopped. While drivers over the age of 21 can refuse a roadside breathalyzer test, a DUI arrest can still be made if a police officer observes signs of impairment in your behavior, speech or appearance.
Refusing the toxicology test can have worse consequences than failing it. Drivers who refuse a toxicology test face several harsh penalties:
- Automatic license revocation: A refusal triggers an automatic suspension of driving privileges. The first refusal results in a 12-month license suspension, while subsequent refusals carry longer suspensions.
- Ignition interlock device requirement: Drivers who refuse a toxicology test are required to have an ignition interlock device for two years following the reinstatement of their driver’s license.
- Consequences in court: A refusal can lead to increased consequences if convicted of Driving Under the Influence (DUI) or Driving While Ability Impaired (DWAI).
- Identification as a Persistent Drunk Driver: Refusal to take the test results in being labeled a Persistent Drunk Driver (PDD). This can result in surcharges to benefit the crime victim compensation fund and other fees.
- SR22 insurance: Offenders may be required to get SR22 insurance — a certificate of financial responsibility required for high-risk drivers to prove they have the minimum auto insurance coverage mandated by the state. Premiums for SR22 tend to be much higher than standard vehicle insurance, and not all insurance providers offer it.
- DUI treatment enrollment: Offenders may be required to provide proof of DUI treatment enrollment in a Level II Alcohol/Education program.
A CDOT survey of DUI offenders found that most who refused the toxicology test upon arrest were advised by a friend or family member to do so to avoid self-incrimination. However, many of those respondents later regretted their decision due to the consequences that followed.
The bottom line is simple: if you’re suspected of DUI, it’s better to take the test. Refusing it only leads to more trouble. Don’t make a second mistake — make the smart choice for your safety, your driving privileges and your future.