Refusing to take a breath or blood test following a Colorado DUI arrest triggers a mandatory one-year driver’s license revocation, though 21+ drivers can apply for early reinstatement after two months. To contest this revocation, you have only seven days after the refusal to request an “Express Consent” DMV hearing.
If you have a prior refusal on your record, then the DMV will revoke your license for two years instead of one. If you have two or more prior refusals, then your license revocation lasts for three years. It does not matter how much time has elapsed between refusals. A successive violation always carries a stiffer penalty than the prior one.1
In my experience, the driver’s license revocation often creates more immediate hardship than the criminal DUI charge itself. My clients are worried about how they will get to work, take their children to school, or keep medical appointments once they lose their driving privileges.
I encourage anyone arrested for DUI not to assume the revocation is automatic or hopeless. Acting quickly to request the DMV hearing and exploring early reinstatement options can often make a significant difference in how long you are without a license and how smoothly you navigate the process.
Restricted License After Refusal
If your license is revoked due to a DUI test refusal in Colorado, you should be eligible for a restricted license two months into your revocation period. However, you would need to keep an ignition interlock device (IID) in your vehicles for the following two years.
If you were under 21 years old at the time of the refusal, you cannot apply for an interlock-restricted license for a full year.2
To apply for an interlock-restricted license, you will need to:
- follow the online instructions at the Colorado Department of Revenue and pay a $95 reinstatement fee;
- obtain SR22 insurance, called “proof of financial responsibility (you will then need to maintain it for one year if it is your first refusal and the DUI case is dropped; otherwise, you will need to maintain SR22 insurance for three years);
- take a Level II alcohol and drug education and treatment program; and
- get an ignition interlock device installed in all of your vehicles from an approved vendor.
Getting an ignition interlock device installed in one vehicle costs up to $200, and monthly maintenance can run as high as $90.3
Note that starting June 1, drivers 21 and older will not have to wait two months to reinstate their license following a chemical test refusal. Under Colorado House Bill 26-1242, you will be able to apply for reinstatement immediately.
Other Refusal Consequences
If you refuse to take a chemical test following a Colorado DUI arrest, the police will apply for a warrant and force you to submit to a blood draw. If you resist, this could involve tying you down while the phlebotomist takes the sample.
Secondly, the Colorado Department of Revenue will designate you as a persistent drunk driver (PDD) – even if you have no prior drunk driving convictions.
Finally, if your DUI case goes to trial, the prosecutors can use the fact that you refused the chemical test as evidence of your guilt. In other words, they can argue that you only refused the test because you were concerned the results would show you were driving under the influence of drugs or alcohol.4
This is why I usually advise people it is better to submit to the chemical test after a DUI arrest than to refuse it. The repercussions of refusal are usually worse and last longer.
Fighting the License Revocation
Any time the Colorado DMV revokes your license for an alleged chemical test refusal, you can request a DMV express consent hearing to contest the revocation. (To schedule a hearing, you must request one within seven days of your refusal.)
A DMV hearing is an administrative trial where you or your attorney can present evidence and witnesses to show that the officer was wrong and that you never refused to take the breath or blood test. Note, however, that DMV hearings are difficult to win because the state has a very low burden of proof (unlike with criminal trials).5
From what I have seen, many drivers underestimate the importance of the DMV hearing because they are focused on the criminal DUI case. In reality, the DMV hearing is often your only opportunity to challenge the license revocation before it takes effect.
Although the hearing officer applies a much lower standard of proof than a criminal court, I have seen cases where careful cross-examination of the arresting officer or inconsistencies in the police reports have made the difference. Even when the hearing does not result in a withdrawal of the revocation, it can provide valuable insight into the evidence that may later be used in the criminal case.
What Constitutes a Refusal
A refusal is not limited to saying the word “no.” Under Colorado’s Express Consent law, you may be deemed to have refused chemical testing if your words or conduct show an unwillingness to complete the test after an officer has properly requested it.
Common examples include expressly declining the test, repeatedly delaying or stalling after being advised of the consequences, insisting on speaking with an attorney before deciding, or failing to provide an adequate breath sample when you are physically capable of doing so. Likewise, refusing a blood draw after an officer lawfully requests one constitutes a refusal.
Whether a refusal occurred is ultimately determined based on the totality of the circumstances, and the DMV hearing officer may consider both the officer’s testimony and documentary evidence.6
In my experience, many refusal cases are not as clear-cut as the police report initially suggests. I have represented clients who genuinely believed they could wait to speak with a lawyer, who misunderstood the officer’s instructions, or who had legitimate medical conditions that prevented them from providing a sufficient breath sample.
I have also seen situations where confusion, language barriers, or poor communication led an officer to conclude that a driver refused when that was not the driver’s intent. Because the consequences of a refusal can be severe, I encourage anyone accused of refusing a chemical test to have an attorney carefully review the body camera footage, police reports, and DMV records to determine whether the evidence actually supports a refusal finding.
Refusing the Preliminary Breath Test
The preliminary breath test that police administer during a DUI roadside investigation is different from the chemical breath and blood tests police administer later on after you get arrested for DUI. You will not lose your license for refusing to take a preliminary breath test in Colorado unless
- you are under 21 years old and
- the officer reasonably believes you consumed alcohol.
Unlike with chemical breath and blood tests, Colorado has no “express consent” law requiring DUI suspects to take a preliminary breath test (unless you are underage). Preliminary breath tests are merely investigative tools the police use to determine whether to arrest you for DUI.7
This is why I advise people who are 21 or older to politely refuse to submit to a preliminary breath test during a DUI traffic stop. Other than frustrating the officers, there is no downside to a refusal.
Frequently Asked Questions
Can I get a restricted license if I refused the DUI chemical test in Colorado?
Yes. If you are at least 21, you can apply for license reinstatement after two months if you satisfy the DMV’s requirements, including maintaining an ignition interlock device and meeting any treatment and insurance obligations. Beginning June 1, 2027, Colorado House Bill 26-1242 eliminates this two-month waiting period: You should be able to apply for reinstatement immediately.
In my experience, the old “two-month rule” is one of the most frustrating parts of a refusal case because many clients depended on driving for work or family obligations. HB 26-1242 gives eligible drivers a path back onto the road much sooner.
Does refusing the DUI test automatically suspend my Colorado driver’s license?
Not immediately. You generally have seven days after receiving your notice of revocation to request a DMV hearing. If you lose the hearing – or fail to request a hearing – then the DMV will revoke your driver’s license.
From what I have seen, many drivers focus entirely on the criminal DUI case and overlook the DMV process until it is too late. Missing the hearing deadline often means losing the opportunity to contest the license revocation, even if the criminal charges are later reduced or dismissed.
Is the license suspension longer if I refuse the DUI test than if I fail it?
Usually, yes. For most first-time drivers over 21, refusing a post-arrest chemical test results in a one-year license revocation, while a first DUI based on a BAC of 0.08% or higher generally results in a nine-month revocation. Refusal also triggers additional consequences, including a Persistent Drunk Driver designation.
In my experience, many people refuse testing because they think it will strengthen their defense. While every case is different, we often explain that refusing the test can create more serious DMV consequences that are independent of what ultimately happens in criminal court.
Will I lose my license even if my Colorado DUI charges are dismissed after refusing the test?
Possibly. The DMV license revocation proceeding is separate from the criminal DUI case. Even if the prosecutor dismisses your DUI charges or you are acquitted at trial, the administrative revocation can remain in effect unless you successfully challenge it through the DMV process.
I frequently meet clients who are surprised to learn they have “won” their criminal case but still cannot legally drive. That is why I treat the DMV hearing with the same urgency as the criminal case, since success in one does not automatically determine the outcome of the other.
Does refusing the DUI test count against me if I get arrested again?
Yes. Colorado imposes increasingly longer license revocations for repeat chemical test refusals. A first refusal carries a one-year revocation, a second refusal results in a two-year revocation, and a third or subsequent refusal results in a three-year revocation.
In my experience, many drivers assume that an old refusal “falls off” after several years. Unfortunately, prior refusals can continue to affect future DMV penalties, which is one reason it is important to understand the long-term consequences before deciding whether to refuse a chemical test.
Does refusing the DUI test affect only my driver’s license?
No. In addition to triggering a driver’s license revocation, a refusal generally results in a Persistent Drunk Driver (PDD) designation. That designation can require two years of ignition interlock after reinstatement, completion of Level II alcohol education and treatment, and SR-22 insurance. Prosecutors may also use the refusal as evidence in your criminal DUI case.
From my perspective, the driver’s license suspension is often just one part of the overall impact of a DUI. The additional costs of interlock installation, higher insurance premiums, and alcohol treatment become the biggest burden for our clients. That is why we always try to fight the refusal at a DMV hearing.
Additional Resources
For more information, refer to these Colorado DMV website articles:
- Process to Reinstate Driving Privilege – Step-by-step guide.
- Early Reinstatement (Interlock) – How to continue driving while your license is revoked.
- Ignition Interlock Restricted License – Requirements for driving on a revoked license with an IID.
- Basic Case Lifespan of an Express Consent Per Se or Refusal – Overview of what happens if you refuse a chemical test following a DUI arrest.
- Reinstatement: Frequently-Asked-Questions – What you need to know to reinstate your driver’s license.
Legal References
- C.R.S. 42-2-126. See also 49 CFR 383.51 for commercial drivers.
- C.R.S. 42-2-132.5.
- Same. Ignition Interlock Restricted License, Colorado Department of Revenue.
- C.R.S. 42-4-1301. C.R.S. 42-1-102(68.5).
- C.R.S. 42-2-125. C.R.S. 42-2-126. Hearings Division, Colorado Department of Revenue.
- C.R.S. 42-4-1301.1. Moore v. Dept. of Rev (Colo. App. 2025) No. 24CA1735 (holding that substantial evidence supported the DMV’s finding that the driver refused chemical testing under the Express Consent law).
- C.R.S. 42-4-1301.1. C.R.S. 42-2-126; C.R.S. 42-4-1301. C.R.S. 42-2-132.5. Stumpf v. Colo. Dept. of Rev. (Colo. App., 2009) 231 P.3d 1. Herman v. Dept. of Rev. (Colo. App., 1994) 870 P.2d 628. Note that blood tests are required if the police suspect you are driving under the influence of drugs; this is because breath tests cannot detect drugs.