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Colorado DUI Laws

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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
  • Yes, by getting a Colorado driver's license, you give consent to submit to a BAC test (breath alcohol test or blood analysis)
  • Failure to submit to a BAC test will result in potential license suspension and/or an ignition interlock device

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
  • Potential impound or confiscation
  • Ignition interlock device (prevents operation of vehicle if driver's BAC is too high)
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
  • Potential impound or confiscation
  • Ignition interlock device (prevents operation of vehicle if driver's BAC is too high)
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
  • Potential impound or confiscation
  • Ignition interlock device (prevents operation of vehicle if driver's BAC is too high)
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

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