Colorado State Patrol Warns DUI Suspects About Consequences of Refusing Chemical Testing

Description: Colorado State Patrol warns that refusing a DUI chemical test can lead to a one-year license revocation, ignition interlock requirements and additional penalties. Read the full Press release from Colorado State Patrol Public Affairs Office...

Testing Upon Arrest

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 road users in a vehicle, bicycle or on foot. While the penalties are significant for DUI, drivers can make things even worse if they refuse or attempt to delay a chemical test 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 receives additional administrative 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 license revocation at the DMV. For a first-time DUI offense, the driver’s license revocation will increase from 9 months to one year. This and other possible penalties can result, including:

• 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.
• 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. SR22 premiums tend to be much higher than standard car insurance, and not all insurance providers offer it.
• DUI treatment enrollment: Offenders may be required to provide proof of DUI treatment enrollment in a Level II Alcohol/Education program.

Refusing a chemical test compounds a driver’s problems. Facing automatic consequences for refusal will make your life much more difficult than it needs to be.

In addition to a no-tolerance approach to enforcing DUI laws, the Colorado State Patrol is highlighting the consequences an average Colorado driver faces after a DUI arrest as part of its “DUI Lasts Longer Than…” campaign during the holiday season (October 1 through New Year’s Day). Don’t Underestimate Impairment. Making a good decision “in the moment” while already intoxicated is unlikely. Don’t underestimate the consequences of this choice, and plan ahead for a sober ride.

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