What started as a great night quickly turned into a nightmare. You’re pulled over late at night, just a few blocks from home. The lights flash in your rearview mirror, and before you know it, the officer is asking if you’ve been drinking. You’re nervous, unsure what to say, and then they ask you to take a breath or blood test. You hesitate. What if you say no?
In Colorado, that hesitation has serious consequences. If you or someone you love is facing a DUI or DWAI investigation, understanding Colorado’s express consent law can mean the difference between a manageable outcome and a long-lasting setback.
What Is Express Consent?
Colorado considers drivers to have given explicit consent for a blood or breath test if an officer has probable cause to believe that the individual is under the influence of alcohol, drugs, or both.
Under the express consent law in Colorado, anyone who operates a motor vehicle on public roads legally consents to a chemical test of their blood or breath if lawfully arrested for driving under the influence (DUI) or driving while ability impaired (DWAI). This legal doctrine allows law enforcement to proceed with testing without needing a separate agreement after an arrest.
Refusing a test doesn’t mean you won’t face legal consequences. Refusal may trigger harsher penalties than agreeing to one.
When Does Express Consent Apply?
Consent is implied when driving in Colorado, whether as a resident or a visitor. However, when an officer believes you may be driving under the influence and lawfully arrests you, the penalties kick in when the officer asks you to take a chemical test, and you say no.
Consider a situation where police stop you for weaving between lanes. You fumble for your license, and the officer smells alcohol. After field sobriety tests, they arrest you for DUI and ask you to take a breath test. If you refuse, the Colorado express consent law kicks in.
What Happens If I Refuse a Blood or Breath Test in Colorado?
Declining a chemical or breath test results in an automatic driver’s license revocation. You must request a Department of Motor Vehicles (DMV) hearing within seven days to challenge the revocation.
Penalties for Refusing a Chemical Test
Choosing not to comply may seem safer at the moment, but Colorado law disagrees, imposing penalties that affect more than just your license. They can ripple into your finances, your reputation, the strength of your legal defense, and include:
- Loss of your license. First-time refusal results in a one-year license revocation. For prior alcohol-related driving offenses or refusals, the revocation period increases to two years for a second violation, and three years for a third.
- “Persistent drunk driver” classification. A label that triggers mandatory alcohol education, treatment programs, and long-term monitoring.
- Ignition interlock device (IID) installation. Required for at least two years, even if this is your first alcohol-related offense.
- High-risk insurance requirements. Including SR-22 coverage, which significantly raises premiums and increases your financial burden.
- Limited or delayed reinstatement options. You could be without a valid driver’s license longer than expected.
These penalties are administrative and enforced by the Colorado Department of Revenue, not the criminal court. That means even if your DUI or DWAI charges are reduced or dismissed, the consequences of a test refusal may still stand unless you formally contest them.
Can You Fight an Express Consent Violation?
Yes. You can and should challenge an express consent revocation when appropriate. Colorado law offers a limited window to act, and viable defenses depend on the facts of your case.
Common defenses include:
- No lawful arrest. The testing demand may be invalid if the officer lacked probable cause to arrest you.
- Improper advisement. Officers must advise you of the consequences of refusal. If they failed to do so or misled you, your refusal might be invalid.
- Medical conditions or trauma. Some people physically cannot perform certain tests due to health conditions, anxiety, or injury.
- Officer error or misconduct. Procedural errors can affect both your criminal and administrative cases.
For example, if an officer arrests you but fails to clearly explain that refusal will result in a year-long license revocation, your defense may challenge the entire process.
Again, you only have seven days from the notice date to request a hearing with the DMV to contest your revocation. Missing this deadline forfeits your right to challenge the penalty.
How Express Consent Impacts Your DUI or DWAI Case
Even though the DMV penalties are separate from your criminal case, your refusal can still hurt you in court. Prosecutors may argue that your refusal shows consciousness of guilt. Judges and juries may interpret refusal as a sign that you had something to hide, even if you didn’t understand your rights.
Additionally, refusal limits your defense options in plea negotiations. When a refusal complicates the facts, prosecutors may be less willing to reduce or dismiss charges.
This is why building a tailored, fact-driven defense is critical. Every case turns on the smallest details of how law enforcement conducted the stop, what they told you, how you responded, and whether your rights were protected.
The Harrell Law Firm, PLLC: A Trusted Voice in Colorado DUI Defense
Whether it’s pushing back against an unlawful stop or challenging a faulty express consent advisement, our firm approaches each case with diligence, professionalism, and a sincere commitment to helping you move forward. We’ve successfully secured dismissals for DUI clients based on illegal police conduct, and we’ll work just as hard for you.
Your decisions in the hours and days after a DUI arrest, especially if you refused a test, can affect both your license and your freedom. The sooner you act, the more options you may have.
Take Control of Your Case Before the Clock Runs Out
At The Harrell Law Firm, PLLC, you’ll find a calm, competent advocate who knows the ins and outs of Colorado’s DUI laws and those who enforce them. With 14 years of experience, including time spent as a prosecutor and family law attorney, our founding attorney brings deep insight and proven litigation experience to every case he handles.
If you’re facing charges or just trying to understand your rights, don’t wait. Contact us today to talk to a defense attorney who can help you make informed choices and protect what matters most.
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