Understanding Colorado’s Expressed Consent Law
In Colorado, drivers give what’s known as “expressed consent” simply by getting behind the wheel. This means that if a law enforcement officer suspects you of driving under the influence (DUI), you are legally obligated to cooperate with a breath or blood test. Refusal is not a harmless option and can trigger a chain of unintended legal consequences, making it essential to understand your obligations before you find yourself in such a situation. Learn more about your rights, responsibilities, and legal guidance at martinlawfirmpc.com.
This approach applies to all drivers on Colorado’s roads, regardless of whether they’re residents or just passing through. The law’s goal is to deter impaired driving, streamline enforcement, and increase road safety for everyone. In short, refusing a breath test is seen by the state as undermining law enforcement’s efforts to keep the roads safe and sober, which is why the DUI process in Colorado is stricter than in some other states.
Officers have the authority to require a chemical test if they have “probable cause” to suspect impairment. An arrest for DUI or DWAI (driving while ability impaired) typically triggers the requirement for immediate compliance, and refusal itself becomes a separate legal issue, in addition to any underlying charges.
Immediate Administrative Penalties
One of the first consequences of refusing a breath or blood test is the automatic initiation of administrative penalties by the Department of Motor Vehicles (DMV). These penalties are separate from any criminal DUI proceedings:
- License Revocation: A first refusal will result in a one-year suspension of your driver’s license. Second and subsequent refusals result in even more extended periods of revocation.
- Ignition Interlock Device: Once eligibility for reinstatement is achieved, you’ll be required to install and maintain an ignition interlock device—at your own expense—for two years.
- Persistent Drunk Driver Label: Refusing a test can lead to classification as a “Persistent Drunk Driver,” which is accompanied by mandatory alcohol education, treatment, and monitoring programs.
Failure to address these administrative requirements can result in longer suspensions, additional fines, and the inability to regain your driving privileges.
Criminal Implications in Court
Refusing a chemical test also significantly affects the outcome of any criminal case related to an alleged DUI. Prosecutors often emphasize refusal as a form of “consciousness of guilt”—arguing that you refused testing to avoid incriminating results. This argument can be compelling to judges and juries, especially when chemical test data is unavailable.
- Evidence of Guilt: Law enforcement and prosecutors may use refusal as a key piece of evidence against you, increasing the likelihood of conviction.
- Enhanced Sentencing: The court may view refusal as non-cooperation or an attempt to obstruct justice, which can contribute to more severe penalties upon sentencing.
For in-depth information on the intersection of DUI refusals and criminal law, the Colorado State Patrol offers a comprehensive review of state-specific penalties and legal options.
Financial Repercussions
The costs associated with refusing a breath test in Colorado extend beyond court fines and DMV fees. Many drivers are caught off guard by the financial impact:
- Fines and Fees: A DUI conviction with a test refusal typically results in substantial fines, court costs, and administrative surcharges. These can total thousands of dollars.
- Increased Insurance Premiums: Offenders often must obtain SR-22 insurance—a certificate that proves financial responsibility—which typically comes with dramatically higher premiums for a minimum of two years.
The combination of mandatory ignition interlock costs, education program fees, and dramatically increased insurance rates can put substantial strain on personal finances.
Impact on Employment and Personal Life
Refusing a breath test and facing subsequent DUI penalties can affect your employability and personal relationships. Many employers, especially those in the transportation, healthcare, and education sectors, have strict policies against hiring or retaining employees with DUI-related offenses.
- Employment Challenges: Loss of professional licenses, missed work due to court dates or participation in treatment programs, and negative background checks are all common consequences.
- Personal Relationships: Stress, legal battles, and stigma associated with DUI charges can strain families and personal relationships for years to come.
For further insight into the broader real-world impacts of DUI offenses, CBS Colorado explores stories and statistics related to impaired driving in American communities.
Legal Defenses and Rights
Despite the serious consequences, drivers have key rights after refusing a chemical test. Consulting a specialized DUI attorney may help you challenge the stop, the arrest, or the testing procedure itself.
- Right to Legal Counsel: You have the right to consult an attorney promptly, and legal representation is often the best way to mount a strong defense.
- Challenging the Stop: If the traffic stop that led to your arrest was not supported by probable cause, evidence (including your refusal) may be suppressed.
Knowing your rights and legal options can make a meaningful difference in avoiding or reducing long-term consequences if you’re facing charges.
Alternative Measures to Ensure Compliance
Understanding the severe penalties for refusing a breath test in Colorado underscores the importance of proactive measures if you’re planning to drink. Designating a sober driver, using a taxi, or utilizing rideshare options like Uber and Lyft are among the easiest ways to avoid both DUI charges and the legal landmines associated with refusal.
- Designate a Sober Driver: Assign a trusted, sober companion to drive, especially if you know you’ll be consuming alcohol.
- Use Public Transportation: Plan to use taxis, rideshares, or public transit to protect yourself and others—and keep your record clean.
Conclusion
Refusing a breath test in Colorado is a pivotal decision with far-reaching consequences. Not only does refusal result in administrative and criminal penalties, but it also has a financial and personal toll that persists long after the legal process concludes. Equipping yourself with knowledge and making informed, proactive choices can help you avoid these outcomes and protect your future, both on and off the road.
