Taken from the Colorado Drunk Driving Laws homepage, section 42-4-1301 Definition of Driving While Impaired After being arrested for suspicion of driving under the influence of alcohol and/or drugs, and a person refuses to take, complete, or cooperate with the completion of any test, or tests, the refusal to take, complete, or cooperate with the completion of any tests will be admitted as evidence during the trial.
When you receive your license, you sign a statement that you agree to take a blood or breath test if asked. Upon receiving your license, you have consented to take the test. Administratively, the people who give you the license (department of motor vehicle) can take the license away for refusing the test.
You don’t have the right to plead the fifth that is you don’t have the right against self-incrimination based on the refusal to take or complete any tests offered by law enforcement. There is a new policy in some departments to obtain a search warrant for blood results which means you may be forced to give a blood test. When a person refuses to submit to a chemical test, it will result in stiffer DMV penalties if convicted.
Driving privileges may be revoked for up to a year. If a chemical test was refused, an Express Consent hearing must be requested within seven (7) days of the offense, as this is the only chance you get to have a hearing. Should this not be done, your license will be revoked for at least one year. Starting in January 2014, you may receive a probationary license after serving 60 days of the revocation. The probationary license would require an interlock device for one year. The penalties for refusing are the same however the evidence at trial would include the refusal and may be considered by a jury as consciousness of guilt.
While the State wants you to submit to a chemical test, they will also use driving pattern, level of impairment, performance on the Standard Field Sobriety Tests, and voluntary statements that were made by the defendant. If you have refused a chemical test, you need to speak with an experienced Colorado DUI attorney immediately. These DUI penalties are severe and can have a great effect on your livelihood. Speaking with someone who has the education and expertise will help to preserve and protect your rights.