Over half of drivers refuse to be tested upon arrest for a DUI

Statewide — Colorado has seen an increase in drivers who refuse a blood or breath test following a DUI arrest in recent years. Of the 12,994 law enforcement contacts for impaired driving in 2022, more than half (54.25%) resulted in toxicology refusals. Not only is refusing a test illegal, but it also hinders efforts to keep Colorado roads safe from impaired drivers.

To educate the public on the consequences of refusing a toxicology test, the Colorado Department of Transportation is launching a campaign today in partnership with the Colorado State Patrol. CDOT will work closely with state and local law enforcement partners to provide resources and education about the law to motorists, especially first-time and repeat DUI offenders. The new campaign is made possible by a grant from the Governors Highway Safety Association (GHSA) and Responsibility.org.

“Our law enforcement partners across the country are doing everything they can to address impaired driving and make our roads safer, but they face an incredible challenge and need our support,” said GHSA Chief Executive Officer Jonathan Adkins. “GHSA’s decade-long partnership with Responsibility.org is helping Colorado raise awareness of impaired driving laws and make our roads safer for everyone.”

Colorado’s Expressed Consent Law

Under Colorado’s Expressed Consent Law, by driving a vehicle in the state, you automatically consent to a toxicology test following a DUI arrest. The test is administered by blood or breath to determine the presence of alcohol or drugs if an officer suspects you are driving impaired. The breath test is commonly used for suspected alcohol impairment and the blood test is commonly used for the detection of cannabis or other drugs. The law also applies to people with licenses from other states who drive on Colorado roads.

Upon arrest for a DUI, drivers are required by law to provide a test sample within two hours of driving. While drivers over the age of 21 have the right to refuse the roadside breathalyzer test, a DUI arrest can still be made if a police officer observes signs of impairment in a driver’s behavior, speech or appearance. Once placed under arrest, drivers have limited defenses for refusing a toxicology test. Officers must clearly explain the law and the consequences of refusal, making it difficult for drivers to argue that they did not understand their rights.

“Responsibility.org supports Colorado’s Expressed Consent law as a vital measure to hold impaired drivers accountable for their choices,” said Leslie Kimball, Executive Director of Responsibility.org. “By mandating chemical testing for suspected DUI offenders, this law reinforces the message that driving drunk or impaired is unacceptable and carries serious consequences. Driving drunk or impaired is a choice, and the injuries and deaths that result from this behavior are 100% preventable. Holding drivers accountable for their actions allows our roads to be safer. We want to put an end to drunk and impaired driving, and policies such as this saves lives.”

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.

“Driving in Colorado is a privilege, not a right. The law states that by getting behind the wheel, you agree to submit to a blood or breath test if suspected of impaired driving,” said Col. Matthew C. Packard, chief of Colorado State Patrol. “Refusing a toxicology test adds to the already severe consequences for driving while impaired. We encourage drivers to avoid the risks of DUI by always driving sober.”

Consequences of Refusal

The penalties for refusing to provide a breath or blood test once arrested for a DUI are often more severe than for failing the test. Drivers are encouraged to take the test if they are suspected of driving impaired.

If a driver is charged with a DUI but refused to submit to a toxicology test upon arrest, they are subject to additional administrative penalties:

• 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.
• 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 results in the offender being labeled as 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. Premiums for SR22 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.

“There’s a lot of misinformation out there about what happens if you refuse a toxicology test after a DUI arrest,” said CDOT’s Office of Transportation Safety Director Darrell Lingk. “This information aims to clear up the confusion and ensure drivers understand the full impact of their choices. If you’re arrested for a DUI, choose to test.”

In the first four months of 2025, there were 49 impaired driving-related traffic deaths and 1,579 DUI arrests made during heightened enforcement periods in Colorado. Planning for a sober ride is the best way to avoid the temptation to drive impaired, CDOT says.

CDOT continues to support the Colorado State Patrol and local law enforcement agencies for The Heat Is On DUI enforcement periods. During Colorado’s 16 specific high-visibility enforcement periods, drivers may see sobriety checkpoints, saturation patrols and additional law enforcement on duty dedicated to arresting impaired drivers.

Learn more about Colorado’s Expressed Consent law at codot.gov/choosetotest. For yearly impaired-driving crash and fatality data in Colorado, visit codot.gov/safety/traffic-safety/data-analysis/fatal-crash-data. For local law enforcement agency plans, visit codot.gov/safety/traffic-safety-reporting-portal.

DUI Checkpoint B-Roll

CDOT is making available new DUI checkpoint footage, available free for media use, offering a compelling glimpse of what happens during a checkpoint. The footage captures real-life interactions between law enforcement officers and drivers** at DUI checkpoints, highlighting the consequences of impaired driving. Email [email protected] to access this footage. **The people portrayed in the videos signed participation waivers to be included in filming.

About The Heat Is On

The CDOT Highway Safety Office provides funding to Colorado law enforcement for impaired driving enforcement, education and awareness campaigns. The Heat Is On campaign runs throughout the year, with 16 specific high-visibility impaired driving enforcement periods centered on national holidays and large public events. Enforcement periods can include sobriety checkpoints, saturation patrols and additional law enforcement on duty dedicated to impaired driving enforcement. Find more details about the campaign, including impaired driving enforcement plans, arrest totals and safety tips at HeatIsOnColorado.com. More information about DUI laws in Colorado can be found at NoDUIColorado.org. Learn more about CDOT’s dedication to keeping Colorado roads safe, including impaired driving enforcement objectives, arrest data and safety information at codot.gov/safety.

Crash Not Accident

Note to reporters: Crashes are no accident — they are preventable. We would appreciate you saying 'crash' instead of 'accident' when reporting.