Should you refuse a breathalyzer in Colorado?

There’s no single right answer, and anyone who tells you there is hasn’t looked at your specific situation. Here’s what’s actually true: by driving on Colorado roads, you’ve already agreed in advance to submit to a chemical test if you’re lawfully arrested for DUI or DWAI. That’s Colorado’s express consent law. Refusing doesn’t make the arrest go away, and it typically triggers a longer license suspension than failing the test would: a first refusal carries a 1-year revocation (versus 9 months for a first failed test), a second refusal carries 2 years, and a third or subsequent refusal carries 3 years, with early reinstatement generally available after 2 months. But refusing also means the prosecution doesn’t have a breath or blood number to build their case around, which changes the shape of your defense.

What actually happens if you refuse

Refuse a breath or blood test after a DUI arrest and the officer will seize your license on the spot and hand you a notice of revocation. You have a 7-day window to request a hearing with the DMV to challenge that revocation before it becomes automatic. Refusal can also result in a “persistent drunk driver” designation, which brings mandatory alcohol education and an ignition interlock requirement even before any criminal case is resolved. And at trial, the prosecutor is allowed to tell the jury you refused, and to argue that refusal shows consciousness of guilt.

So why would anyone refuse?

Because a breath or blood number over the legal limit is often the single strongest piece of evidence the state has. Without it, the case becomes more about the officer’s observations, field sobriety tests, and their subjective account of what happened, all of which are more open to challenge than a number on a printout.

Can police force a blood draw anyway?

Yes, if they get a warrant. The Colorado Supreme Court settled this in 2022 in People v. Raider, holding that Colorado’s express consent law only limits warrantless blood draws, not ones a judge has already authorized. In that case, the driver refused testing, officers obtained a warrant, and hospital staff drew his blood anyway while officers physically restrained him. The Colorado Supreme Court upheld it as valid. So refusing still carries its own consequences (the license revocation above, and the refusal itself being used as evidence at trial), and it isn’t a guaranteed way to avoid a blood test altogether if officers are willing to get a warrant.

What actually matters more than “should I refuse”

By the time you’re deciding whether to blow into a breathalyzer, the decision that matters most has already happened: you’re under arrest, and anything you say next becomes part of your case. Whether you test or refuse, the smartest move is the same. Stay polite, stay quiet beyond identifying yourself, and call a lawyer before you answer questions about how much you had to drink or where you were coming from.

If you’ve already been arrested

If you’re weighing this decision right now or you’ve already refused and you’re not sure what happens next, don’t wait to talk it through. Call Mile High Legal at (720) 853-5779 for a free consultation. The DMV hearing window is short, and the earlier we’re involved, the more of your options are still intact.