Colorado Drivers: What You Need to Know About Sobriety Test Laws

I have seen many online posts over the years stating that if you are pulled over and asked to perform a sobriety check, you can decline. I am no law scholar, so I cannot tell you in good faith if that is true or not in many of the states in the nation.

Can Police Ask You to Take a Sobriety Test in Colorado?

When it comes to driving a vehicle in the state of Colorado, you might want to brush up on information that pertains to a law known as Expressed Consent. If you are driving and an officer pulls you over in the state of Colorado. Can they legally ask you to perform a sobriety test?

According to the Colorado Department of Transportation, yes, an officer can ask you to consent to a test to determine if you are driving under the influence of alcohol, marijuana, psychedelics, and various other substances that could impair your driving.

READ MORE: Colorado DUI Laws: Penalties Every Driver Should Know

If you are pulled over by a law enforcement officer in the state of Colorado and you are arrested, the officer will more than likely ask you to provide a sample. If you refuse, just know that it is required under state law.

What Happens If You Refuse a Sobriety Test?

By driving in the state of Colorado with a state-issued driver's license, you have already given implied, or in this case, "express" consent. Refusing this sobriety test could lead to your driver's license being suspended and other penalties in Colorado.

READ MORE: What Colorado’s Marijuana DUI Laws Mean for Drivers

Here is the breakdown of what could happen if you refuse:

• First offense - suspension of license for 12 months
• Second offense - suspension of license for 24 months
• Third offense - suspension of license for 36 months

An interlock ignition device will also be required on your vehicle for two years following license reinstatement, plus an affidavit of enrollment in a level two alcohol education program, and possibly the requirement of SR22 insurance.

More information on the Express Consent law about sobriety tests in the state of Colorado can be found at Colorado.gov.