Drivers in Colorado may think they can dodge consequences by refusing a test during a DUI arrest. They’re wrong. Under state law, saying “no” to a blood or breath test can trigger serious penalties—even before a court date rolls around.

Colorado Doubles Down on Expressed Consent Law

A new campaign by the Colorado Department of Transportation (CDOT) and Colorado State Patrol is making it clear: if you’re arrested for DUI in Colorado, you’re already legally obligated to provide a test sample. It’s called the Expressed Consent Law. And it’s not optional.

Drivers on Colorado roads, whether residents or visitors, are deemed to have given their consent for toxicology testing if arrested on suspicion of impaired driving. That means once cuffs go on, the clock starts. You’ve got two hours to comply.

“There’s a lot of misinformation out there about what happens if you refuse a toxicology test after a DUI arrest,” said Darrell Lingk, director of CDOT’s Office of Transportation Safety. “This campaign is here to fix that. If you’re arrested for a DUI, choose to test.”

What Happens If You Say No?

Refusing a test after a DUI arrest doesn’t make the charge disappear. In fact, it can make your situation much worse. CDOT is warning drivers that refusal carries its own set of penalties—some of them automatic.

Here’s what you’re looking at:

• Automatic license revocation

• Installation of an ignition interlock device

• Mandatory DUI treatment programs

• SR22 insurance requirements (often far more expensive than normal)

• Persistent Drunk Driver designation, even on a first offense

Those administrative penalties are separate from any criminal charges you might face. So you’re not dodging a bullet—you’re stepping in front of a second one.

One-Sentence Paragraph Here.

You can be labeled a “Persistent Drunk Driver” after just one refusal.

Testing Rules: Before and After Arrest

The law makes a sharp distinction between pre-arrest and post-arrest testing. If you’re pulled over but not arrested, you can still say no to a roadside breathalyzer. That’s perfectly legal.

But once you’re under arrest for DUI, everything changes. You’re required to take either a blood or breath test, and the officer has to explain your obligations.

Col. Matthew C. Packard, chief of the Colorado State Patrol, put it bluntly: “Driving in Colorado is a privilege, not a right. By getting behind the wheel, you agree to submit to a test if suspected of driving impaired.”

He added, “Refusing a toxicology test adds to the already severe consequences for driving while impaired.”

Different Penalties, Same Pain

Even if a driver is later cleared of DUI charges in court, the administrative penalties from refusing the test still stick. That’s a tough pill for many to swallow. The law is designed to discourage refusal across the board.

Let’s break down how it compares:

In short, refusing the test doesn’t save you from DUI consequences—it just adds more complications.

What the Public Doesn’t Always Know

One reason CDOT is pushing this campaign is that many drivers don’t realize how automatic these penalties are. There’s no need for a judge to weigh in. If you refuse the test, your license can be yanked almost immediately through the Department of Revenue’s administrative process.

There’s also confusion about rights. People often think they have a right to say no, no matter what. But in Colorado, driving on public roads already puts you under Expressed Consent. You agreed to the rules when you got behind the wheel.

Some drivers don’t learn that until it’s too late.

CDOT Wants You to Rethink Refusal

The new public campaign will include ads, digital outreach, and messaging through law enforcement partners. The goal? Make sure more drivers understand the actual consequences of refusing a test, not just the myths.

A lot of the focus will be on younger drivers, especially those under 30, who make up a disproportionate share of impaired driving cases. But CDOT says the campaign is for everyone—tourists, locals, and long-haul drivers alike.

One More Single-Sentence Paragraph Here.

If you’re arrested for DUI in Colorado, “no thanks” isn’t a free pass—it’s another red flag.