Can You Refuse a Breathalyzer Test in Colorado? Legal Consequences Explained
One of the most common questions our Denver DUI attorneys receive is whether drivers can legally refuse a breathalyzer test in Colorado. The answer involves understanding Colorado's Express Consent Law (C.R.S. § 42-4-1301.1) and its significant implications for Denver drivers.
When you drive in Denver or anywhere in Colorado, you've expressly given consent to chemical testing if a police officer has probable cause to suspect you're driving under the influence. However, this doesn't mean you can't refuse—it means there are serious consequences for doing so.
For Denver residents, here's what happens if you refuse a breathalyzer or blood test:
Automatic License Revocation: First refusal results in a one-year revocation, significantly longer than most first-time DUI convictions. This can be especially challenging for residents of Denver suburbs who commute into the city.
Designation as a Persistent Drunk Driver: Refusal automatically classifies you as a persistent drunk driver, triggering additional requirements even if it's your first offense.
Admissible in Court: Denver prosecutors can and will use your refusal as evidence of guilt in court proceedings.
Enhanced Penalties: Denver County courts often view refusals less favorably, potentially resulting in harsher sentencing if convicted.
See Colorado’s published guide on Drunk Driving Laws: https://leg.colorado.gov/sites/default/files/colorado_drunk_driving_laws_-_colorado_law_summary.pdf
At Mile High Legal, our experienced Denver criminal defense attorneys have successfully defended hundreds of clients who refused testing in Denver, Aurora, and throughout Colorado. We understand the nuances of how these cases are handled in different Denver-area jurisdictions.
It's worth noting that while you can refuse a roadside portable breath test (PBT) with minimal consequences, refusing the official test at the station or hospital carries these severe penalties. The Colorado Division of Motor Vehicles provides additional information about the Express Consent process.
If you've refused a chemical test in Denver or the surrounding areas, it's crucial to contact an experienced attorney immediately. Our Mile High Legal team knows how to build effective defenses for refusal cases in Colorado's complex legal system.
