Getting pulled over on suspicion of driving under the influence (DUI) is a stressful experience. In that crucial moment, you may be faced with a difficult decision—whether or not to submit to a chemical test of your blood or breath.
While it might seem like refusing a breathalyzer or blood test could help you avoid a DUI charge, the reality is far more complicated. In Colorado, refusal carries severe consequences that can impact your driving privileges, finances, and even your freedom.
At Wolf Law LLC, we want to ensure you are fully informed of your rights—and the potential risks—when it comes to refusing a chemical test in Colorado.
Understanding Colorado’s Express Consent Law
In most states, including Colorado, it is illegal to drive if you have a blood alcohol concentration (BAC) of .08 or higher.
In Colorado, all drivers expressly agree to chemical testing simply by operating a motor vehicle on the state’s roads. This concept is known as Express Consent.
Under the Express Consent Law, if a law enforcement officer has probable cause to believe you are under the influence of alcohol, drugs, or both, you are legally required to submit to a chemical test of your breath or blood. While you do have the right to refuse the test, exercising that right comes with automatic administrative penalties and possibly even worse legal consequences than if you had complied.
The Difference Between Field Sobriety Tests and Chemical Tests
When a law enforcement official pulls you over on suspicion of a DUI, the police officer may ask you to perform field sobriety tests or submit to chemical testing.
Chemical tests measure the actual amount of alcohol or drugs in your system through your breath or blood.
Roadside sobriety tests are physical or cognitive tasks such as:
- Walking a straight line
- Standing on one leg
- Following an object with your eyes (horizontal gaze nystagmus test)
Roadside tests also, in a rather confusing twist, also include something called a Portable Breathalyzer Test (or PBT). You CAN refuse this test as it voluntary and, due to it not being a reliable instrument, is not even admissible in court.
Officers administer roadside sobriety tests to establish probable cause for a DUI arrest. However, they are subjective and can be influenced by nerves, medical conditions, ambient conditions, bad training, or even the weather.
While chemical tests are mandatory under Colorado law, it is important to note that you have the right to refuse roadside field sobriety tests without automatic penalties.
The Immediate Consequences of Refusing a Colorado Breathalyzer or Blood Test
Refusing to take a breathalyzer or blood test triggers immediate and severe penalties. Let’s discuss some of the possible effects.
Automatic license revocation
The most immediate consequence of refusing a breathalyzer or test is the automatic revocation of your Colorado driver’s license. Upon refusal, the police officer will confiscate your license and issue a notice of revocation, along with a temporary permit good for just 7 days.
You are entitled to request an administrative hearing with the Colorado Department of Revenue to contest the revocation. The request needs to be made within the seven-day window.
If you lose (or don’t request) the hearing, your license will be revoked for:
- First refusal: 1 year
- Second refusal: 2 years
- Third or subsequent refusal: 3 years
These penalties are in addition to any criminal penalties that may follow a DUI charge.
Designation as a “Persistent Drunk Driver” (PDD)
In Colorado, refusing a chemical test automatically classifies you as a “Persistent Drunk Driver,” even if it is your first DUI-related offense.
Being labeled as a PDD brings enhanced penalties, including:
- Mandatory enrollment in a Level II Alcohol Education and Therapy program
- Installation and maintenance of an ignition interlock device (IID) on any vehicle you drive for at least 2 years
- Higher costs and stricter reinstatement requirements for your driver’s license
Use of refusal as evidence in court
Refusing a breathalyzer or blood test doesn’t make the underlying DUI charge disappear. In fact, prosecutors are allowed to use your refusal against you in court as evidence that you knew you were intoxicated, potentially strengthening the DUI case against you.
In many situations, officers may still gather enough evidence to support a DUI conviction, even without a breath test.
Evidence could include:
- Field sobriety tests
- Testimony from eyewitnesses
- Officer observations
- Dash or body cam footage
Criminal charges
Even without chemical test results, if an officer has probable cause, you can still be charged and convicted of driving under the influence based on other evidence.
The penalties for a DUI in Colorado may include:
- Jail time
- Substantial fines
- Probation
- Community service
- Mandatory alcohol education classes
Long-term impacts
A DUI charge can have lasting impacts, including:
- Increased auto insurance rates
- Difficulty obtaining certain jobs, especially those that require driving
- Potential travel restrictions
What Can You Do If You Have Already Refused a Breathalyzer Test?
If you have refused a breathalyzer test and are now facing consequences, time is critical. You only have 7 days from the date of your DUI arrest to request a hearing with the DMV to contest your license revocation.
You should immediately:
- Consult a criminal defense attorney experienced in DUI cases
- Gather evidence such as witness statements and medical records that may benefit your case
- Learn your rights regarding license reinstatement
How a Criminal Defense Lawyer Can Help You After Refusing a Breathalyzer Test in Colorado
Facing a license suspension and possible DUI charges can feel overwhelming. That’s where having an experienced criminal defense lawyer makes all the difference.
Here are some ways in which we can help:
- Challenge the legality of the traffic stop and arrest: If the officer didn’t have reasonable suspicion to stop you or probable cause to arrest you, any evidence—including your refusal—could be thrown out.
- Contest the license revocation at a DMV hearing: During your DMV hearing, your DUI lawyer will fight aggressively to challenge the license revocation and preserve your driving privileges.
- Negotiate with prosecutors: In some cases, your lawyer can negotiate for reduced charges to lessen penalties.
- Identify constitutional violations: If your rights were violated during the DUI stop, arrest, or chemical test request, we can seek to suppress the evidence and possibly have the charges dismissed.
- Minimize long-term consequences: Even if some penalties are unavoidable, a good DUI defense lawyer can help minimize the damage. This could include reducing the ignition interlock period, negotiating lighter treatment requirements, and advising you on how to get your license reinstated sooner.
Contact an Experienced DUI Attorney Today
If you or a loved one is facing the fallout of a breathalyzer or blood test refusal, it’s critical to have experienced legal counsel on your side.
At Wolf Law LLC, we understand the complexities of Colorado’s DUI laws and the aggressive tactics prosecutors often use. We are committed to protecting your rights and minimizing the impact on your future. Our DUI defense lawyers will guide you through every step of the legal process with clarity and compassion.
Don’t navigate these legal challenges alone—your future is too important. Contact Wolf Law LLC today at 720-479-8574 to schedule a consultation or complete our contact form.
