COLORADO SPRINGS, Colo. (KOAA) — This week, a bus driver was charged with DUI refusal in Colorado with passengers on board, sparking a few questions on the KOAA Facebook page.
The lesser-known charge of DUI refusal is the focus of a current campaign being run by both the Colorado Department of Transportation (CDOT) and the Colorado State Patrol to highlight Colorado's Expressed Consent Law.
Under Colorado’s Expressed Consent Law, by driving a vehicle in the state, you automatically consent to a toxicology test following a DUI arrest, according to CDOT. The test is administered by blood or breath to determine the presence of alcohol or drugs if an officer suspects you are driving impaired. The breath test is commonly used for suspected alcohol impairment and the blood test is commonly used for the detection of cannabis or other drugs. The law also applies to people with licenses from other states who drive on Colorado roads.
"Your license can be revoked right there," Trooper Gabriel Moltrer told News5. "Along with getting those charging papers."
Drivers over the age of 21 do have the right to refuse the roadside breathalyzer test, according to CDOT. But if an officer has probable cause to believe the driver is under the influence, that can result in being placed under arrest, leading to the requirement of a test.
"Once placed under arrest, drivers have limited defenses for refusing a toxicology test," CDOT adds. "Officers must clearly explain the law and the consequences of refusal, making it difficult for drivers to argue that they did not understand their rights."
“Responsibility.org supports Colorado’s Expressed Consent law as a vital measure to hold impaired drivers accountable for their choices,” said Leslie Kimball, Executive Director of Responsibility.org. “By mandating chemical testing for suspected DUI offenders, this law reinforces the message that driving drunk or impaired is unacceptable and carries serious consequences. Driving drunk or impaired is a choice, and the injuries and deaths that result from this behavior are 100% preventable. Holding drivers accountable for their actions allows our roads to be safer. We want to put an end to drunk and impaired driving, and policies such as this saves lives.”
CDOT adds that in 2022, more than half of the drivers told they were going to be tested upon arrest for a DUI refused.
Consequences of Refusal (Info from CDOT):
The penalties for refusing to provide a breath or blood test once arrested for a DUI are often more severe than for failing the test. Drivers are encouraged to take the test if they are suspected of driving impaired.
If a driver is charged with a DUI but refused to submit to a toxicology test upon arrest, they are subject to additional administrative penalties:
- Automatic license revocation: A refusal triggers an automatic suspension of driving privileges. The first refusal results in a 12-month license suspension, while subsequent refusals carry longer suspensions.
- Ignition interlock device requirement: Drivers who refuse a toxicology test are required to have an ignition interlock device for two years following the reinstatement of their driver’s license. A vehicle cannot be started unless the driver blows into the interlock and no alcohol is detected.
- Consequences in court: A refusal can lead to increased consequences if convicted of Driving Under the Influence (DUI) or Driving While Ability Impaired (DWAI).
- Identification as a Persistent Drunk Driver: Refusal results in the offender being labeled as a Persistent Drunk Driver (PDD). This can result in surcharges to benefit the crime victim compensation fund and other fees.
- SR22 insurance: Offenders may be required to get SR22 insurance — a certificate of financial responsibility required for high-risk drivers to prove they have the minimum auto insurance coverage mandated by the state. Premiums for SR22 tend to be much higher than standard car insurance, and not all insurance providers offer it.
- DUI treatment enrollment: Offenders may be required to provide proof of DUI treatment enrollment in a Level II Alcohol/Education program.
“There’s a lot of misinformation out there about what happens if you refuse a toxicology test after a DUI arrest,” said CDOT’s Office of Transportation Safety Director Darrell Lingk. “This information aims to clear up the confusion and ensure drivers understand the full impact of their choices. If you’re arrested for a DUI, choose to test.”
Person hospitalized after possible road rage shooting, another person detained
Police are investigating a shooting on the northeast side of Colorado Springs. It happened just before 7 p.m. on Austin Bluffs Parkway, near the North Academy Boulevard intersection.
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