Recent data shows a marked trend in Colorado DUI refusals.  The Colorado Department of Transportation (CDOT) reveals a surprising shift: more than 50% of drivers arrested for DUI in Colorado now refuse to take a breath or blood test.

This growing trend has major legal consequences — especially under Colorado’s Express Consent Law, which ties your right to drive directly to chemical testing. For many drivers, the decision to refuse comes from fear, confusion, or bad advice. But refusing a test can actually make your situation worse, both in court and with the DMV.

As an experienced Aurora DUI attorney, I’ve seen how test refusals complicate cases, extend license revocations, and sometimes lead to harsher outcomes. Let’s break down why this trend matters — and what it means for your defense in 2025.

Why Are So Many Colorado Drivers Refusing DUI Tests?

CDOT’s latest report suggests a combination of fear and misinformation. Social media myths and “street advice” often claim that refusing a test can help avoid conviction. In reality, refusal triggers automatic penalties — even if you’re never found guilty of DUI in court.

Common reasons drivers refuse:

  • They believe “no test = no proof.”

  • They’ve heard friends or influencers claim refusal avoids evidence.

  • They’re anxious about jail, job loss, or insurance increases.

  • They don’t understand how Colorado’s express consent law works.

But as we’ll see, Colorado law is designed to make a Colorado DUI refusal costly.

Understanding Colorado’s Express Consent Law

Under the Colorado Express Consent Law (C.R.S. § 42-4-1301.1), any person who drives a motor vehicle in the state automatically consents to a chemical test — breath or blood — if a law enforcement officer has probable cause to believe they’re under the influence.

Refusing this test immediately triggers:

  • Automatic driver’s license revocation (1 year for the first Colorado DUI refusal)

  • Mandatory ignition interlock for 2 years after reinstatement

  • Designation as a “Persistent Drunk Driver” (PDD)

  • Mandatory alcohol education and treatment

These consequences occur even if you’re not convicted of DUI in court. The administrative (DMV) side operates separately from the criminal case — and the deadlines move fast.

What Happens After a Test Refusal in Colorado

When you refuse a chemical test:

  1. The officer immediately seizes your license and issues a Notice of Revocation.

  2. You have 7 days to request a DMV hearing to challenge the revocation.

  3. If you don’t request the hearing, your license is revoked automatically on day 8.

During the DMV hearing, your attorney can question the officer’s probable cause, whether you were properly advised of your rights, and whether the refusal was actually valid (e.g., medical inability, confusion, or miscommunication).

If you lose at the DMV level, reinstatement requires interlock installation, SR-22 insurance, and alcohol education — all costly and time-consuming steps.

Can Police Still Take Your Blood After You Refuse?

Yes. Colorado courts have increasingly approved search warrants for blood draws following a refusal.

In a recent Colorado Supreme Court decision, the Court confirmed that once a judge issues a valid warrant, law enforcement may use reasonable force to obtain a blood sample. That means refusal may not prevent the State from obtaining your blood results — but it will trigger all the administrative penalties.

Refusal vs. Compliance — Which Is Worse?

It depends on the facts, but generally, refusing the test often results in harsher consequences than failing it.

Scenario License Penalty Criminal Impact Notes
Failed Test (BAC ≥ 0.08) 9-month revocation (1st offense) Evidence used in DUI trial Eligible for early reinstatement with interlock
Refusal 1-year revocation (early reinstatement after 6 months) Still can be charged with DUI Automatically tagged as Persistent Drunk Driver

In short, refusing doesn’t guarantee protection — it usually makes your case harder.

Persistent Drunk Driver (PDD) Designation

Even if it’s your first DUI, a refusal automatically brands you as a Persistent Drunk Driver (PDD) under Colorado law.

This classification requires:

  • Ignition interlock for 2 years

  • Alcohol and drug treatment (Level II Education + Therapy)

  • SR-22 insurance filing

  • Higher reinstatement fees and longer monitoring

You don’t need a high BAC or a repeat offense to be labeled a PDD — just a refusal.

The DMV Hearing: Your First Line of Defense

Your DMV hearing is often your best opportunity to save your driving privileges. Unlike the criminal case, this hearing focuses solely on whether:

  1. The officer had probable cause to arrest you;

  2. You were properly advised of your rights;

  3. You actually refused the test.

An experienced DUI attorney can request this hearing, subpoena the officer, and sometimes uncover procedural errors that can invalidate the revocation entirely.

Learn more about the process here: Colorado Express Consent and DMV Hearings.

Repeat Offenders: Why Refusal Is Especially Risky

If you already have prior DUIs or DWAIs, a new Colorado DUI refusal can dramatically increase penalties.

  • A second refusal can trigger 2-year revocation and longer interlock.

  • A fourth or subsequent DUI carries mandatory jail time (minimum 60 days) and can be charged as a felony DUI under Colorado’s habitual offender statutes.

See more details on our page about Multiple DUI Offenses in Colorado.

Recent Colorado Case Example: Warrants and Refusals

In People v. Hyde (2024 COA 97), the Colorado Court of Appeals upheld a DUI conviction where the defendant refused a breath test, but officers obtained a blood-draw warrant within minutes. The Court reaffirmed that “refusal” evidence is admissible to show consciousness of guilt, even when the State later obtains a valid test through a warrant.

This case underscores how modern enforcement tools — especially electronic warrant systems — make refusal less effective as a defense strategy.

Local Enforcement in Aurora, Denver, and Arapahoe County

DUI checkpoints and saturation patrols are increasing across the Denver metro area, particularly during holidays and sports events. Local law enforcement agencies coordinate with CDOT and the “The Heat Is On” campaign to identify impaired drivers.

Our firm routinely represents clients arrested in:

Each jurisdiction has its own procedures, prosecutors, and plea policies, so having an Aurora DUI attorney familiar with local courts is a major advantage.

How an Experienced DUI Defense Attorney Can Help

A skilled attorney can:

  • File the DMV hearing request within 7 days;

  • Challenge the officer’s probable cause and advisement;

  • Review body-cam and dash-cam footage for inconsistencies;

  • Negotiate for reduced penalties or dismissal;

  • Protect your license and driving record.

Even when refusal seems like a mistake, a strong legal strategy can limit the damage and sometimes achieve dismissal or reinstatement.

Take Action Immediately After a Refusal

If you’ve refused a breath or blood test, time is your worst enemy. The clock for your DMV hearing starts ticking the moment you’re arrested. Waiting even a week can forfeit your right to contest the revocation.

Act now: Contact a Denver DUI lawyer or Arapahoe County DUI attorney for a free consultation and immediate hearing request.

External Resources and References

Frequently Asked Questions

Can I still be charged with DUI if I refuse the test?

Yes. Prosecutors can charge you based on officer observations, driving behavior, and field sobriety tests. Refusal can be used as evidence of guilt at trial.

Can I get my license back after refusing a test?

Yes, but you must wait the revocation period (1 year for first offense) and complete interlock and education requirements. Your attorney can sometimes help reduce penalties at your DMV hearing.

Does refusing a test make it easier to win in court?

Not usually. Police can obtain a blood-draw warrant, and juries often interpret a Colorado DUI refusal as a sign you knew you were impaired.

Is there ever a situation where refusal helps?

Rarely. Strategic refusal may have limited value in unique cases, but for most people, it leads to worse outcomes — especially under current Colorado laws.

What’s the deadline to request a DMV hearing after refusal?

You have 7 days from the date of arrest to request the hearing. Missing this deadline means your license is revoked automatically.

Don’t Let a Split-Second Decision Define Your Future

Refusing a DUI test in Colorado might feel like protecting yourself, but it often backfires. In 2025, with electronic warrant systems and strict DMV rules, refusal can lead to longer license revocations, mandatory interlock, and higher insurance costs — even if you’re never convicted.

If you’ve been charged with DUI or refused a test, act fast. Contact the our DUI attorney team at Lawrence Law Firm for a free case review. We represent clients across Aurora, Denver, Arapahoe County, and Adams County, and we fight to protect your license, your record, and your future.