No DUI Colorado
Refusing DUI Testing

Drivers suspected of driving impaired can expect to be given several tests as part of a DUI investigation. Some of these tests are voluntary while others are mandatory. While drivers can refuse to participate in any DUI testing, it’s important to know there are consequences for refusing certain tests.

Pre-Arrest Testing

Law enforcement officers may ask you to perform a series of physical roadside tests if they suspect alcohol or drug impairment. Some officers may also have portable breathalyzers and will ask you to provide a breath sample. These tests are voluntary, but refusing to participate in them does not prevent law enforcement from making an arrest. If officers observe behaviors that indicate you’re even slightly impaired by drugs or alcohol they will make an arrest.

Post-Arrest Testing

If you’re arrested on suspicion of DUI or DWAI, you will be asked to provide a breath, blood, or urine sample for chemical testing. By law, this testing is mandatory. That means that while you can still refuse to participate in this testing, there are consequences to refusing.

Consequences of Refusing Chemical Testing

When you’re arrested for an impaired driving offense, your driver’s license is automatically revoked by the Division of Motor Vehicles (DMV). To restore your full driving privileges, you’ll first need to apply for an ignition interlock restricted license, and enroll in an alcohol and drug education and therapy program.

If you refuse chemical testing, you’re automatically designated a Persistent Drunk Driver (PDD) which means you’ll face the maximum interlock and education and therapy requirements. Since these requirements are set by the DMV, and not a court, you will face these consequences regardless of whether you’re convicted of DUI/DWAI.

Ignition Interlock Device: You’ll be required to have an ignition interlock device installed in any vehicle you drive for 24 months. Average cost: $2,172

Alcohol and Drug Education and Therapy: Complete 92-110 hours of education and therapy over 10-13 months. Average cost: $1,262

Once you’ve completed these requirements you can apply to have your full driving privileges restored.

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