DUI Test Refusals in Colorado — Timothy Kelly & Associates

DUI Resources

Refusals

Refusal to Take a B.A.C. (Blood Alcohol Content) Test In Colorado

When a Colorado driver lawfully suspected of DUI refuses to submit to a chemical test, or to cooperate in the completion of the test chosen, then the DMV will suspend that person's license. The length of the suspension is determined by the facts and circumstances of the case, and history of the individual. DMV's default position under various circumstances is as follows:

Refusal – First Offense

Revoked: 1 year

Definition

The driver has 7 days to request a hearing. When a driver refuses a chemical test for either drugs or alcohol for a first refusal offense, the default period of revocation is 1 year.

Reinstatement Requirements

  • (1)Application for Reinstatement (DR2870) form
  • (2)$95.00 reinstatement fee (check/money order payable to the Department of Revenue)
  • (3)SR22 for one year from date of reinstatement (if no prior alcohol revocations and no accident was involved)
  • (4)Insurance Form SR22 for 3 years from date of reinstatement (if prior alcohol violations or if there was an accident)
  • (5)Certification (DR2598) form completed

Testing

A new license must be obtained by taking the eye, written and drive test.

Refusal – Second Offense

Revoked: 2 years

Definition

The driver has 7 days to request a hearing. When a driver refuses a chemical test for drugs or alcohol for a second offense, the default period of revocation is 2 years. The driver may request early reinstatement after one year under revocation, if the driver is then eligible for a restricted license, with interlock, for the time remaining on the total restraint or 1 year, whichever is longer.

Reinstatement Requirements

  • (1)Application for Reinstatement (DR2870) form
  • (2)$95.00 reinstatement fee (check/money order payable to the Department of Revenue)
  • (3)SR22 for three years from date of reinstatement
  • (4)Certification (DR2598) form completed
  • (5)Voluntary Interlock Early Reinstatement: certificate of installation of interlock device and a signed Interlock lease agreement on all vehicles on which your name appears on the registration

Testing

A new license must be obtained by taking the eye, written and drive test.

Refusal – Third Offense

Revoked: 3 years

Definition

When a driver refuses a chemical test for either drugs or alcohol for a third or subsequent offense, the default period of revocation is 3 years. The driver may request an early reinstatement after one year under revocation if the driver is then eligible for a restricted license with interlock for time remaining on the total restraint or 1 year, whichever is longer.

Reinstatement Requirements

  • (1)Application for Reinstatement (DR2870) form
  • (2)$95.00 reinstatement fee (check/money order payable to the Department of Revenue)
  • (3)SR22 for three years from date of reinstatement
  • (4)Certification (DR2598) form completed
  • (5)Voluntary Interlock Early Reinstatement: certificate of installation of interlock device and a signed Interlock lease agreement (Ignition Interlock Agreement Affidavit DR 2058)

Testing

A new license must be obtained by taking the eye, written and drive test.

Refused a BAC test? Call us immediately.

You have only 7 days to request a DMV hearing. Don't lose your license — contact Timothy Kelly & Associates now.

Call Now: (303) 820-0840