How long is the license suspension for a chemical test refusal in Colorado?
Refusing to take a breath or blood test following a Colorado DUI arrest triggers a mandatory one-year driver’s license revocation. 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
Can I get a restricted license if I refuse a chemical test?
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 breathalyzer device 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 a restricted license, you will need to:
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
Are there other consequences?
Yes. 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
Can I fight the license revocation?
Yes. Any time the Colorado DMV revokes your license for an alleged chemical test refusal, you can request a DMV 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
What if I refuse to take the preliminary breath test?
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.6Refusing a PBT does not trigger a license revocation in Colorado unless you are under 21.
CRS 42-2-125. CRS 42-2-126. Hearings Division, Colorado Department of Revenue.
CRS 42-4-1301.1. CRS 42-2-126; CRS 42-4-1301. CRS 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.
About the Author
Michael Becker
Michael Becker has over a quarter-century's worth of experience as an attorney and more than 100 trials under his belt. He is a sought-after legal commentator and is licensed to practice law in Colorado, Nevada, California, and Florida.
Get Quick Legal Help...
This form is encrypted and protected by attorney-client confidentiality.
