Colorado's DUI laws don't concern many Coloradans, as they would never get behind the wheel after drinking. Those who do, however, have a tendency of not knowing what they should, when it comes to what happens after their arrest.

Colorado's 'Expressed Consent' Law Regarding Driving Under the Influence

We all know someone who's gotten pulled over for Driving Under the Influence, whether it be a friend or family member, or yourself. Well over 15,000 DUI cases were filed in Colorado in 2024; that's a lot.

According to that data, and data from the Colorado State Patrol, over 7,000 people in 2024 refused a breathalyzer or blood test after being arrested for DUI. Which, is a mistake.

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In 2024 there were 203 deaths due to impaired driving. The age group most-arrested for impaired driving was 25-34-year-olds.

The Colorado State Patrol reports that of the 12,994 law enforcement contacts for impaired driving in 2022, more than half (54.25%) resulted in toxicology refusals. The thing is, in Colorado, you cannot refuse testing.

Colorado's 'Expressed Consent' Law

Anyone who's driving the roads of Colorado, according to Colorado's laws, has thereby consented to a toxicology test after being arrested for DUI. It looks like a lot of us in Colorado are unaware of that law, if 54% of us are refusing testing.

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Yes, you can refuse a roadside breathalyzer test (if you're over 21,) but you can still be arrested without having taken one. Once they take you in, under arrest, you are required to provide a test sample within two hours of having driven.

From CDOT:

A CDOT survey of DUI offenders found that most who refused the toxicology test did not fully understand the consequences or were advised by a friend or family member to refuse the test to avoid self-incrimination. However, many of those respondents later regretted their decision due to the consequences that followed.

 

What Happens If You Refuse to Be Tested?

Refusing the test can turn out to be worse than the results themselves, as it's a separate thing; your DUI charge could get suspended, but you still refused the test, so you have to deal with that.

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If you refuse a toxicology test, you are subject to:

  • 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. A vehicle cannot be started unless the driver blows into the interlock and no alcohol is detected.
  • And more.

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