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.
• Refusal Consequences in Court: Refusal can lead to increased penalties if convicted of DUI/DWAI.
• A requirement to have the ignition interlock device for two years following reinstatement of their driver's license.
• A requirement to provide proof of DUI treatment enrollment in a Level II Alcohol/Education program.
• Identification as a Persistent Drunk Driver: Refusals may result in the offender being labeled as a Persistent Drunk Driver (PDD).
• You 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 if identified as a PDD.

Learn more about CDOT's Choose-to-Test Campaign at: codot.gov/choosetotest

Colorado’s Expressed Consent Law: Express Consent | Colorado Department of Revenue