Refusing a Chemical Test in Colorado Brings Severe Penalties: State Patrol Warns Drivers About DUI Refusal Consequences

Description: Refusing a chemical test in Colorado leads to harsher penalties, including longer license revocation, mandatory interlock devices, PDD designation, and costly SR22 insurance. Colorado State Patrol urges drivers to understand the consequences.

Refusal is a Separate Mistake

Refusing chemical testing has consequences in Colorado

(Colorado) – Receiving a DUI comes with serious consequences due to the threat an impaired driver poses to other roadside users in a vehicle, bicycle, or on foot. This is why every state in the United States, including Colorado, has some form of implied consent law on record. While the penalties are significant for DUI, drivers can make things even worse if they refuse or attempt to delay a chemical test (blood or breath) when requested by an officer who suspects impairment.

“In Colorado, with the privilege of receiving a license to drive in this state, you have agreed to submit a chemical test when requested if the officer places you under arrest for driving under the influence,” stated Col. Matthew C. Packard, chief of the Colorado State Patrol. “When a person refuses, this driver can receive additional penalties, and your refusal could work against you even further as you go through the court process.”

If a Colorado driver refuses a chemical test, one automatic consequence is a longer revocation of his license at the DMV. For a first offense, the driver’s license revocation will increase from 9 months to one year. This and other potential consequences could be applied regardless of whether the driver is convicted of the impaired driving offense in criminal court.  

• Interlock ignition device requirement: Drivers who refuse a toxicology test are required to have an interlock ignition 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 car insurance, and not all insurance providers offer it.

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