⚖️ Raider Warrants: Forced Blood Draws After a DUI Refusal in Colorado

When you refuse a chemical test in a Colorado DUI case, the law says your license will be revoked. For decades, that was the end of the story — no test meant less evidence for prosecutors and a stronger defense in court.

But that changed with the Colorado Supreme Court’s 2022 decision in People v. Raider, 516 P.3d 911 (Colo. 2022). The Court upheld the legality of “blood warrants” — search warrants authorizing law enforcement to draw a driver’s blood by force after a refusal.

Since then, “Raider Warrants” have reshaped DUI enforcement in Colorado.

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The Legal Shift —

People v. Raider (2022)

In Raider, the defendant refused a chemical test after a suspected DUI. Officers obtained a telephonic search warrant from a judge, held the driver down, and forcibly drew blood. The Colorado Supreme Court upheld the search and the conviction, ruling that the forced draw did not violate the Fourth Amendment or state law so long as the warrant was properly issued and executed.

The Court reasoned that probable cause, judicial authorization, and reasonable execution make these blood draws lawful — even when physically compelled.

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The Practical Reality: Two Hits for Drivers

Officers in many jurisdictions — but not all — now routinely apply for search warrants after DUI refusals. Judges in some counties are approving them quickly, even by phone.

Here’s where drivers really get hit twice:

• DMV Refusal Revocation:

  The Department of Revenue still treats the incident as a refusal. That means a one-year driver’s license revocation and two-year ignition interlock requirement, even if the officer later gets your blood through a warrant.

• Criminal Evidence:

  Once the blood is drawn, prosecutors use the test results to strengthen their criminal DUI case — the very evidence a refusal once kept out of court.

In short: you’re punished as a “refusal” at DMV, and the state still gets your blood evidence. What once protected you now doubles your exposure.

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Not All Judges Are on Board

Implementation varies by jurisdiction. Some judicial districts — like Douglas County — have fully embraced blood warrant programs. According to data from the Colorado State Patrol, over 160 blood warrants were issued there between 2023 and 2024, with conviction rates rising from 82% to 97% after the program began.

Other judges remain hesitant, raising concerns about bodily integrity, necessity, and medical safety — especially in borderline cases where probable cause is weak or the suspect is already detained.

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The Force Factor

One of the most striking aspects of Raider is that it authorizes physical compulsion to obtain blood. Officers may restrain a driver to execute a valid search warrant. The Court called this “reasonable” under the circumstances, emphasizing the existence of probable cause and judicial oversight.

That means Colorado drivers can now be physically held down and have their blood taken against their will — a profound change in how DUI refusals are enforced.

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Policy Push and Expanding Use

The Colorado State Patrol has made no secret of its support for these warrants. Its own internal briefing notes that refusal rates averaged 44% statewide before Raider, and that the warrant program has sharply reduced refusals while boosting conviction rates.

As the CSP put it:

“Combatting our growing refusal problem should also be taken into consideration in an administrative function.”

In plain terms, law enforcement is pushing to make blood warrants a standard tool in every county.

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Bottom Line

The Raider decision has fundamentally changed the landscape for Colorado DUI defense. Refusal no longer shields a driver from scientific evidence. You can lose your license for refusing — and still face conviction based on forcibly obtained blood results.

While some judges remain cautious, the trend is clear: “Raider Warrants” are here to stay, and they have dramatically tilted the balance toward the prosecution in refusal cases.