What Happens If You Refuse a Breathalyzer in Denver 

Let’s set the scene: It’s late. You’re driving through downtown Denver, maybe a little too confident after a Rockies game and a couple of craft beers. Flashing lights appear in your rearview mirror, and suddenly, you’re being asked to step out of the car. Before you know it, an officer is asking you to take a breath or blood test. You’re thinking: Do I really have to? What if I just say no?

Spoiler alert: you can refuse a breathalyzer in Denver (or a blood test). But like most things involving the law — and late-night decisions — just because you can doesn’t mean you should.

Colorado’s Express Consent Law: The Fine Print You Didn’t Read

By driving on Colorado roads, you’ve already agreed — whether you knew it or not — to take a chemical test if you’re arrested for DUI. This isn’t a click-through “terms and conditions” situation. It’s called the Express Consent Law, and it’s baked right into Colorado Revised Statutes § 42-4-1301.1.

Once an officer has probable cause to arrest you for DUI, you’ll be asked to take either a breath or blood test. This isn’t the little handheld breathalyzer they use on the roadside (more on that in another post). This is the real deal — and it matters.

You can say no. But refusing has consequences. Not just in court, but with the Colorado DMV, which doesn’t play around and which has a much lower burden of proof before they can take action against you. Hint: it’s not beyond a reasonable doubt, but rather a preponderance of the evidence standard that applies at the civil DMV proceedings (more on burdens of proof here). Oh, and you don’t get a jury. You may not even get a DMV Hearing Officer who is a lawyer… yeah, it’s a mess.

You Can Refuse, But You’ll Pay for It (Even If You Win in Court)

Here’s where things get interesting. Refusing a chemical test doesn’t magically make a DUI case disappear. In fact, it creates two problems:

Problem 1: The DMV immediately starts revocation proceedings, and unless you request a hearing within 7 days, your driver’s license goes poof — gone for a year (even if you’ve never had a DUI before).

Problem 2: Prosecutors now have a shiny new argument: that you refused the test because you knew you were drunk. Juries eat that up, and yes, they’re allowed to consider it when deciding your guilt.

So in a nutshell: refusing doesn’t prevent charges, and it automatically triggers DMV penalties. That’s a rough trade.

DMV vs. Criminal Court: A Divorce with Shared Custody of Your Sanity

Most people don’t realize this, but the DMV and the criminal court system are like divorced parents: they don’t really talk to each other, but they both have a say in your life. You can learn more about the Hearings Division at the DMV here: https://cdor.colorado.gov/hearings-division.

• The DMV handles your license. It doesn’t care if you’re found guilty or not. It only cares that you refused the test. Period. End of story.
• The criminal court handles your charges. You can win your criminal case and still lose your license because the DMV’s rules are totally separate.

And because we love bureaucracy, you’ll need to request a DMV hearing within 7 days of being served the notice of revocation. Otherwise, you lose that battle by default.

Does Refusing Help or Hurt? Depends on the Day — and the Jury

A lot of people think refusing a test keeps the evidence out of court. That’s half true. Sure, there won’t be a BAC result to throw on the projector during trial. But that doesn’t mean you’re in the clear.

In reality, refusal often hurts more than it helps. Jurors aren’t robots. They’re human. And when they hear someone refused a test, their minds tend to wander: What were they hiding?

Prosecutors know this. And they’ll emphasize the refusal as part of the case, arguing that you must have known you were impaired. It’s like the legal version of, “If you’ve got nothing to hide, why not just take the test?”

Of course, there are rare situations where refusing might help — especially if the arrest was questionable or your rights were violated. But let’s be honest: most refusals don’t come from strategic legal planning. They come from panic, confusion, or really bad advice from a friend who once watched a true crime docuseries.

How a Denver DUI Attorney Can Help You Untangle the Mess if You Refuse a Breathalyzer in Denver

If you refused a chemical test in Denver, all is not lost — but you’re going to need help, fast.

A good DUI defense lawyer can:

• Represent you at the DMV hearing and try to save your license
• Challenge the lawfulness of the arrest or the way the refusal was documented
• Fight to suppress evidence if your rights were violated
• Build a strong defense even without a BAC number

We’re not here to judge your 2 a.m. decisions. We’re here to clean them up and get you through the legal process as painlessly (and license-intact) as possible. If you’ve refused a breathalyzer or blood draw in Denver, don’t hesitate to call a lawyer ASAP.

Frequently Asked Questions — And Honest Answers

Q: Is it better to refuse or just take the test?

A: In most cases, you’re better off taking it. If your BAC is borderline, that data could actually help your defense — and you won’t face automatic DMV penalties.

Q: What if I wasn’t told I could lose my license for refusing?

A: The officer is required to give you something called an Express Consent Advisement. If they didn’t, we may be able to challenge the refusal entirely.

Q: Can I pick between breath or blood?

A: Usually, yes. But sometimes the choice is limited by what’s available. If you’re offered one, you can ask for the other — but you can’t delay forever. That’s treated as a refusal, too.

You Have 7 Days to Fight for Your License — Don’t Wait

Refusing a chemical test, whether that’s refusing a blood draw or refusing a breathalyzer, in Denver can throw your life into chaos — and the window to act is short. You only have 7 days to request a hearing with the DMV before your license is revoked.

If you’re in this situation, don’t go it alone. Give our office a call, and we’ll walk you through your options — no judgment, no scare tactics, just honest legal help when you need it most.

📞 Call now for a confidential consultation with an experienced Denver DUI defense attorney.