State Patrol warns drivers that refusing a chemical test brings added penalties

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(Kiowa County Press)

The Colorado State Patrol warned drivers November 4, 2026, that refusing a chemical test after a driving under the influence (DUI) arrest brings extra penalties. The refusal can also hurt a driver in court.

A DUI already carries serious penalties. That is because an impaired driver threatens others on the road, whether they are in a vehicle, on a bicycle or on foot. Drivers can make things worse if they refuse or try to delay a chemical test. This applies when an officer who suspects impairment asks for the test.

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"In Colorado, with the privilege of receiving a license to drive in this state, you have agreed to submit a chemical test when requested if the officer places you under arrest for driving under the influence," stated Colonel Matthew C. Packard, chief of the Colorado State Patrol. "When a person refuses, this driver receives additional administrative penalties, and your refusal could work against you even further as you go through the court process."

One automatic penalty is a longer license revocation at the Division of Motor Vehicles (DMV). For a first-time DUI offense, the revocation increases from 9 months to one year.

Other possible penalties include:

  • Automatic license revocation. A refusal triggers an automatic suspension of driving privileges. The first refusal results in a 12-month suspension. Later refusals carry longer suspensions.
  • Interlock ignition device. Drivers who refuse a toxicology test must have an interlock ignition device for two years after their license is reinstated.
  • Penalties in court. A refusal can lead to tougher penalties if the driver is convicted of Driving Under the Influence (DUI) or Driving While Ability Impaired (DWAI).
  • Persistent Drunk Driver label. Refusing the test results in being labeled a Persistent Drunk Driver (PDD). This can bring surcharges that benefit the crime victim compensation fund, along with other fees.
  • SR22 insurance. Offenders may be required to get SR22 insurance. This is a certificate for high-risk drivers. It proves they have the minimum auto insurance the state requires. SR22 premiums tend to be much higher than standard car insurance. Not all insurance providers offer it.
  • DUI treatment. Offenders may have to show proof of enrollment in a Level II Alcohol/Education program.

The State Patrol takes a no-tolerance approach to enforcing DUI laws. It is also highlighting the penalties an average Colorado driver faces after a DUI arrest. This is part of its "DUI Lasts Longer Than…" campaign during the holiday season, which runs October 1 through New Year's Day.

The State Patrol urges drivers: Don't Underestimate Impairment. Making a good decision "in the moment" while already intoxicated is unlikely. Don't underestimate the consequences of this choice, and plan ahead for a sober ride.