Colorado · DUI · Checked October 2026

Refusing a Breath or Blood Test in Colorado

Refusing a Breath or Blood Test in Colorado: What Are the Rules?

What happens if you refuse a breath or blood test in Colorado.

Refusal penalty
License revocation for 1 year (first), 2 years (second) or 3 years (third or later), Persistent Drunk Driver designation, a 2-year interlock requirement, and at least 2 months served before early reinstatement. Refusal can also be used as evidence at a DUI or DWAI trial
License suspension for refusing
1 year (first), 2 years (second), 3 years (third or later)
Deadline to challenge
7 days

Refusal Penalties in Colorado

License revocation for 1 year (first), 2 years (second) or 3 years (third or later), Persistent Drunk Driver designation, a 2-year interlock requirement, and at least 2 months served before early reinstatement. Refusal can also be used as evidence at a DUI or DWAI trial.C.R.S. §§ 42-4-1301.1, 42-2-126(3)(c), 42-4-1301(6)(d)

Official source: refusal penalties (Colorado)

License Suspension for Refusing in Colorado

1 year (first), 2 years (second), 3 years (third or later)C.R.S. § 42-2-126(3), (6)(d), (7)(b)

Official source: license suspension for refusing (Colorado)

More on DUI Law in Colorado

See the full overview of DUI laws in Colorado and read about implied consent laws in every state.

This page summarizes Colorado law from official sources, checked October 2026. It isn't legal advice; a lawyer licensed in Colorado can advise on your case.

Frequently Asked Questions

What Happens if You Refuse a Breath Test in Colorado?

License revocation for 1 year (first), 2 years (second) or 3 years (third or later), Persistent Drunk Driver designation, a 2-year interlock requirement, and at least 2 months served before early reinstatement. Refusal can also be used as evidence at a DUI or DWAI trial.

How Long Is the Suspension for Refusing?

1 year (first), 2 years (second), 3 years (third or later)

Sources

  1. Implied consent: C.R.S. §§ 42-4-1301.1, 42-2-126(3)(c), 42-4-1301(6)(d)
  2. License suspension and hearing: C.R.S. § 42-2-126(3), (6)(d), (7)(b)

dui.help is an independent guide, not a law firm or a government agency, and doesn't give legal advice. For advice on your case, talk to a lawyer licensed in your state; your state bar can refer you, and if you can't afford a lawyer, ask the court about a public defender.