Colorado’s Express Consent Law and the Consequences of DUI Refusal
A recent incident involving a bus driver charged with DUI refusal in Colorado has brought the state’s Express Consent Law into the spotlight. This law, a crucial component of Colorado’s efforts to combat drunk and impaired driving, mandates that anyone operating a vehicle within the state implicitly agrees to undergo a toxicology test if arrested on suspicion of DUI. The incident, which sparked public concern and raised questions about the lesser-known charge of DUI refusal, prompted a joint public awareness campaign by the Colorado Department of Transportation (CDOT) and the Colorado State Patrol to clarify the law and its implications.
Colorado’s Express Consent Law stipulates that drivers suspected of being under the influence of alcohol or drugs must submit to either a breath or blood test. While the breathalyzer is typically used for suspected alcohol impairment, blood tests are more common for detecting cannabis or other drugs. The law applies to all drivers on Colorado roads, regardless of whether they hold a Colorado driver’s license or a license from another state. Refusal to comply with the test carries severe penalties, often exceeding those for failing the test itself.
While drivers over 21 have the right to decline a roadside breathalyzer test, refusal can lead to arrest if the officer has probable cause to believe the driver is impaired. Upon arrest, the driver is legally obligated to submit to a toxicology test, with limited grounds for refusal. Officers are required to clearly explain the law and the consequences of refusal to ensure drivers understand their rights and the implications of their decision.
The consequences of refusing a toxicology test after a DUI arrest are substantial and can have long-lasting impacts. An immediate consequence is the automatic revocation of the driver’s license. A first refusal results in a 12-month suspension, with subsequent refusals leading to even longer suspensions. Upon license reinstatement, offenders are required to install an ignition interlock device in their vehicle for two years. This device prevents the car from starting unless the driver provides a breath sample with no detectable alcohol.
Beyond administrative penalties, refusal to submit to testing can significantly impact court proceedings. If convicted of DUI or DWAI (Driving While Ability Impaired), a refusal can lead to harsher penalties. Furthermore, refusal automatically designates the offender as a Persistent Drunk Driver (PDD), resulting in additional surcharges and fees, including contributions to the crime victim compensation fund. Offenders may also be required to obtain SR22 insurance, a high-risk driver’s insurance certificate that is often significantly more expensive than standard car insurance. Finally, offenders may be mandated to enroll in a Level II Alcohol/Education program as part of their DUI treatment.
The CDOT emphasizes the importance of understanding the consequences of refusing a toxicology test and encourages drivers arrested for DUI to comply with the testing procedures. Refusal not only carries stricter penalties than failing the test but also undermines efforts to ensure road safety by allowing potentially impaired drivers to avoid accountability. CDOT’s Office of Transportation Safety Director Darrell Lingk stresses the need for clear information and urges individuals suspected of DUI to "choose to test.”
The public awareness campaign launched by CDOT and the Colorado State Patrol aims to dispel misinformation surrounding the Express Consent Law and clarify the severe repercussions of refusing a toxicology test. This campaign serves as a vital tool in Colorado’s ongoing efforts to reduce drunk and impaired driving and promote safer roads for all. The recent case of the bus driver charged with DUI refusal serves as a potent reminder of the law’s importance and the potential consequences of non-compliance. By highlighting the Express Consent Law and its implications, Colorado aims to deter impaired driving and foster a culture of responsible driving practices.