Why refusing DUI testing in Colorado could work against you

DENVER (KDVR) — Refusing a DUI test could do more harm than good due to a state law that says every driver on Colorado roads consents to be breathalyzed or blood tested under certain circumstances.

According to Colorado Revised Statue 42-4-1301.1, "Expressed consent for the taking of blood, breath, urine, or saliva sample," anyone operating a motor vehicle in Colorado is required to take a breath or blood test if a law enforcement officer has a reason to believe the driver is under the influence.

The Colorado State Patrol said this law goes into effect once a driver is taken into custody and refuses a test. While it isn't necessarily illegal to refuse a test, there are administrative procedures that go into place if the test is refused.

“When a person refuses, this driver receives additional penalties, and your refusal could work against you even further as you go through the court process,” said Col. Matthew C. Packard, chief of CSP, in a press release.

These court processes include a longer revocation of a license at the DMV. CSP also said that for the first offense, the driver’s license revocation will increase from nine months to one year, the driver will be classified as a "persistent drunk driver" and the driver will also be required to use an ignition interlock device for a minimum of a two-year period - which is required regardless of if the driver is convicted in court.

"Refusing a chemical test is compounding a driver’s problems. Facing automatic consequences for refusal will make your life much more difficult than it needs to be," said CSP.