Can you refuse a toxicology test after a DUI arrest? What drivers should know
DENVER (KDVR) — The Colorado Department of Transporation revealed a new campaign on Thursday that the agency said aims to educate the public about the consequences of refusing a toxicology test.
Colorado drivers arrested for a DUI are required by the state's 'Expressed Consent Law' to provide a blood or breath toxicology test within two hours, according to CDOT, which notes drivers over the age of 21 do have a right to refuse a roadside breathalyzer or blood alcohol test.
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The agency said the campaign was launched in partnership with the Colorado State Patrol and made possible by grants from the Governors Highway Safety Association 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, in a statement.
CDOT said drivers in Colorado automatically agree to give a toxicology test if a law enforcement officer has probable cause and suspects an impairment from either alcohol or drugs — including cannabis, prescription medications and illegal substances.
The law also applies to all persons driving in the state of Colorado, with CDOT noting the rule is still enforced for out-of-state residents and individuals without a valid Colorado driver's license.
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The idea, the agency says, is that drivers give consent to toxicology tests the moment they are licensed to drive in the state, and not doing so can come with increased consequences that are often 'more severe' than failing the test itself.
A driver who refuses to provide a breath or blood test upon a DUI arrest is subject to:
An automatic license revocation of 12 months — with increasingly longer suspensions per refusal.
Installation of an interlock ignition device, following license reinstatement.
Possible increased consequences if convicted in court.
Potential designation as a 'Persistent Drunk Driver' in traffic records and, if so, potentially required to get SR22 insurance, a certificate of financial responsibility required for high-risk drivers.
Possible requirement to provide proof of DUI treatment enrollment in a Level II Alcohol/Education program.
CDOT has a number of safety tips for drivers to help avoid DUI, including planning a sober ride home before leaving the house and ensuring any designated driver is truly sober — and not just more sober than them.
Drivers can also take advantage of ridesharing services such as Uber or Lyft, utilize public transit or call a cab, the agency says.
If you are out on the road and suspect someone is driving while impaired, you can report them by dialing *CSP (*277).
Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
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