Colorado DUI Laws
A Colorado DUI charge is a serious matter. It is important that you have a skilled attorney by your side every step of the way. Your DUI attorney will defend your driving privileges with the Colorado Department of Revenue and fight for you in court to minimize or eliminate criminal penalties. From very early in the process there are steps that can be taken to help your case. If you or someone you know has been charged with a Colorado DUI, contact an attorney immediately.
Factors such as blood alcohol content (BAC) and the age of the driver (i.e., under or over 21) play a role in determining the criminal charges and sanctions. Punishment for a Colorado DUI may include fines, imprisonment, and public service (typically 48-96 hours for a first offense). Your attorney may be able to get the criminal penalties reduced by negotiating a plea bargain to a lesser charge or with your participation in alcohol or drug treatment. Only an attorney can tell you how the Colorado DUI laws might apply in your case.
In the long term, a DUI conviction can affect your ability to find a home or job. Your insurance premiums may increase substantially and you might be driving with an ignition interlock device installed in your car for years. To learn more, call an attorney who specializes in Colorado DUI.
Colorado DUI/DWI Laws and Penalties
State and federal laws in the United States are constantly changing. The following guide is intended solely for informational purposes and should not take the place of the advice of a lawyer. Only a qualified attorney can assess the merits of your case completely and provide an effective plan for counsel.
Blood Alcohol Content/Concentration ("BAC")
Colorado BAC laws may differ from those of other states, as follows.
| Colorado BAC Laws | |
| Per Se Violation | BAC of .08 or higher |
| Driving While Ability Impaired (DWAI) | .05 to .079 |
| "Zero Tolerance" (BAC for someone under 21) | .02 or higher |
| Commercial Driver's License Holder* | .04 or higher (while operating a commercial vehicle) |
| Implied Consent to Submit to a BAC Test |
|
Administrative License Suspension
Suspension by DMV: immediately following arrest for DUI/DWI; independent of court conviction and suspensions following a court conviction.
Time to file for appeal: within approximately seven days after DUI/DWI citation.
| DUI/DWI Arrest | |
| 1st Offense - Per Se Violation (.08 or higher) | 9 months license suspension |
| Subsequent Offenses (DUI/DWI or DWAI) | 1 or 2 years license suspension, depending on prior convictions |
| "Zero Tolerance" (BAC for someone under 21) | 3 months, 6 months, or 1 year license suspension, depending on prior convictions |
| Temporary License | Yes |
| Administrative Hearing | Yes |
| Limited Privileges Possible | No (maybe early reinstatement of license) |
| Refusal to Submit to BAC Test | |
| 1st Offense | 12 months license suspension |
| Subsequent Offenses (within 10 years) | 24 or 36 months, depending on prior convictions |
Criminal Court Conviction - Mandatory Fines and Penalties
(Penalties imposed by the criminal court system)
| First DWAI Offense (.05 to .079) | |
| License Suspension | None |
| Prison Term and Community Service | 2 to 180 days in jail; 24 to 48 hours community service |
| Fines, Fees, and Surcharges | Approx. $200 to $500 or higher** |
| Vehicle Penalties | Potential impound or confiscation |
| Drug and Alcohol Education, Assessment and Treatment | Possible alcohol education and treatment |
| First DUI/DWI Offense - Per Se Violation (.08 or higher) | |
| License Suspension | 9 months (maybe early reinstatement) |
| Prison Term and Community Service | 5 days to 1 year in jail; 48 to 96 hours community service |
| Fines, Fees, and Surcharges | Approx. $600 to $1,000 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Possible alcohol education and treatment |
| Second DUI/DWI or DWAI Offense | |
| License Suspension | 1 year (maybe early reinstatement) |
| Prison Term and Community Service | 10 days to 1 year in jail; 48 to 120 hours community service |
| Fines, Fees, and Surcharges | Approx. $600 to $1,500 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Possible alcohol education and treatment |
| Third DUI/DWI or DWAI Offense | |
| License Suspension | 2 years (maybe early reinstatement) |
| Prison Term and Community Service | 60 days to 1 year in jail; 48 to 120 hours of community service |
| Fines, Fees, and Surcharges | Approx. $600 to $1,500 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Possible alcohol education and treatment |
| Aggravating Factors that Can Alter DUI/DWI Penalties*** |
| Vehicular Manslaughter |
| Driving with Children in the Car |
| Higher BAC (above the enhanced penalty) |
| Zero Tolerance DUI/DWI |
| Driving While Under the Influence of Drugs |
| Out-of-State DUI/DWI Convictions |
| Reckless Driving/Accident |
*Restrictions can be placed on a commercial driver's license for any DUI/DWI (even those received while driving non-commercial vehicles).
**Includes only fines, fees, and surcharges imposed by the court upon conviction; excludes court costs, attorneys' fees, mandatory treatment costs, bail, and increased insurance.
***A variety of factors in your specific DUI/DWI situation can alter your penalties beyond what is set out in law. This chart lists some of these aggravating factors.
Sources: Insurance Institute for Highway Safety, Governors Highway Safety Association, Colorado Office of Legislative Services