Colorado DUI Laws & Attorneys
by Joshua Dale
Colorado not only boasts the imposing Rocky Mountains, but imposes a very rocky road with nasty consequences if you get busted here for driving while impaired. In Colorado there is an “implied consent law” meaning that drivers implicitly agree to consent to a chemical test to determine BAC (Blood Alcohol Level) for suspicion of DUI. A refusal can result in a minimum license revocation of 1 year.
DUI defendants in Colorado can be charged with DUI (driving under the influence of alcohol); DWAI (driving while impaired); or a DUID (driving while under the influence of drugs) or a combination. Colorado, like many other states, imposes both criminal penalties and administrative driver's license penalties for a conviction. Be advised that losing your driving license is separate from the criminal penalties mentioned above and can be imposed even if your attorney is able to get the criminal charges dismissed completely.
That is why it is critical to contact a reliable and expert Colorado defense lawyer right away, in order to protect your rights both in court and with the Colorado Department of Motor Vehicles (part of the Colorado Department of Revenue).
Colorado DUI law states that a driver with a 08% blood alcohol content is incompetent to exercise clear judgment, maintain prudent care and control in the safe operation of a vehicle. (Colorado requires a second sample of any chemical test must be kept for one year). Errors, even with blood samples, are not uncommon so retesting may be a good idea. A prosecution under this section does not require a chemical test for conviction, especially in cases where a chemical test is refused.
Be alerted that you can be convicted of drunk driving solely upon proof that a level of 0.08% BAC was reached within two hours of driving - regardless of whether you were actually drunk behind the wheel. This also makes a DUI conviction a lot easier for the prosecution.
A Colorado DWAI (driving while ability impaired) is a law of a slightly diluted color. To be convicted of this lesser offense only requires proof that the accused had a BAC of .05% or was affected to the ‘slightest degree’ and was unable to exercise clear, unimpaired and ordinary judgment in the operation of a vehicle. In Colorado this charge can also rely on outward signs of ‘being under the influence’ such as unfit driving, poor coordination or the appearance of blood shot, watery eyes and slurred speech. Prosecution under this section does not require a chemical test for conviction, although the chemical test can be used to establish a presumption of guilt.
Even though there are no predetermined levels for a DUID (driving under the influence of drugs), when a chemical test (urine, saliva or blood) comes back positive for an intoxicating drug – even for over the counter drugs – it’s a safe bet that the driver will be prosecuted.
If you haven’t been drinking or you believe that you might have ingested alcohol from a ‘benign source’ (mouthwash) or drugs (such as antihistamines or other over the counter drugs) be aware that you can still arrested for driving in an impaired or unsafe manner, even if you are not ‘legally drunk’ under the state law.
In any case, when you are stopped and arrested for suspicion of a DUI, and you are asked if you want to see an attorney, your best answer is the sooner the better.
I’m simply going to plead guilty, why do I need a lawyer?
Experienced and skilled legal counsel may be able to help mitigate your problems by minimizing your legal problems and maximizing your defenses. A DUI conviction can reflect on credit ratings, job opportunities, insurance premiums and in other ways you might not be aware of. A DUI defense attorney will level the playing field between you and the prosecution in an effort to provide and preserve your constitutional rights.
Should I retain an attorney for my DUI charge?
DUI convictions and penalties can be long lasting and severe, both in court and with the DMV which regulates your driving privileges. These penalties and the numerous and complicated laws relating to motor vehicles and DUI charges should be taken very seriously. It is will next to almost impossible to beat or mitigate a DUI charge without an experienced lawyer.
What’s an attorney going to cost?
One of the biggest concerns for people charged with DUI is what a lawyer will cost. As cases vary, so does cost. Most people don’t realize that money spent now on a skillful DUI attorney might save them thousands in the years to come. Jobs, credit ratings, insurance cots, credit ratings can all be impacted by a criminal record.
What are statutory assessments?
Additional court costs, depending on the penal or vehicle code violated.
Can I plea bargain?
Many cases are resolved prior to trial. Effective counsel often times will be able to negotiate a plea to a lesser charge. While the plea bargain is extremely advantageous to anyone accused of DUI — but remember that if the original charge was DUI, a conviction to any of the following lesser crimes will still count as a prior for calculating the mandatory minimums should that driver re-offend within A 5 year time frame.
DUI Criminal Penalties
DUI 1st Offense
- 2 days to 180 days in jail.
- $100 to $500 fines.
- 24 to 48 hours of community service.
• The defendant may be ordered to complete an alcohol evaluation or assessment, an alcohol education program, or an alcohol treatment program at such defendant’s own expense.
- Refusal to take a chemical DUI test will result in revocation of license of 1 year.
DWAI 1st Offense
- 2 days to 180 days in jail.
- $100 to $500 fine.
- 24 to 48 hours of useful public service.
- The court may sentence a defendant to attend a victim impact panel approved by the court, plus fees.
DUI 2ndt offense
- 5 days to 1 year in jail.
- $300 to $1000 fine.
- 48 to 96 hours community service.
• You may have to attend alcohol education classes and therapy (plus tuition), based on your BAC and subsequent alcohol evaluation.
- SR – 22 ‘high risk’ insurance may be required.
- Abstinence from alcohol.
- Plus alcohol assessment and education program and/or victim impact panel.
DWAI 2nd Offense
- 45 days to 1 year in jail
- 5 days jail, mandatory.
- $300 to $1000
- 48 to 96 hours of community service.
- Plus alcohol assessment and education program and/or victim impact panel.
DWAI with Prior DUI
- 60 days to 1 year in jail.
- 6 days jail, mandatory.
- $400 to $1200 fine
- 52 to 104 hours community service.
- Plus alcohol assessment and education program and/or victim impact panel.
DUI with prior DWAI
- 70 days to 1 year in jail.
- 7 days, mandatory.
- $450 to $1500 fines.
- 56 to 112 hours community service.
- Plus alcohol assessment and education program and/or victim impact panel.
DUI Second offense
- 90 days to 1 year in jail.
• 10 days mandatory jail (even if your last DUI was 20 years ago in another state, or your BAC was over .02%).
- $500 to $1500 fine.
- 60 to 120 hours community service.
- Plus alcohol assessment and education program and/or victim impact panel.
Juvenile DUI's
- The threshold for alcohol related offenses for minor drivers is .02%.
• An alcohol driving offense in the range of .02 to 05% is often called a "baby DUI", but can carry the same criminal penalties as those imposed upon adults.
- A conviction for a first time baby DUI carries a license suspension of 3 months.
• A second or subsequent baby DUI can be punished as a class 2 misdemeanor traffic offense – up to 90 days in jail, fines, court costs and community service.
• In addition to the criminal penalties above, juvenile drivers are subject to minimum revocation of license privileges for one year upon conviction of any alcohol related driving offense over 0.05% BAC.
• Minor drivers who drive after consuming alcohol are subject to a DMV license revocation if their alcohol level falls within the 0.02 to 0.05 BAC range regardless of whether they are convicted of any alcohol related offense in court.
- These penalties are in addition to any minor in possession (MIP) of criminal alcohol charges imposed.
- Plus alcohol assessment and education program and/or victim impact panel.
• There can be additional penalties over and above the aforementioned for underage drinking and driving upon the discretion of a judge.
Things You Should Consider
• According to the State of Colorado the real DUI costs, including fines, fees, insurance increases, mandated alcohol classes, and projected attorney fees, are estimated to be close to $9000.
• Colorado is a member of the Interstate Driver's License Compact, and will ‘tattle’ to 45 other states about DUI and DWAI convictions and this may cause license revocation. Coloradans with DUI arrests from other states will require a DMV hearing to protect their driving privileges at home.
• Conviction when BAC is .20% or greater leads to fines of $500 to $1500, 90 days to 1 year jail time (10 days mandatory), one year license suspension, and public service of 60 to 120 hours (60 hours are mandatory).
• The ignition interlock law requires that all drivers who test over 0.17% BAC are required to install and drive with an interlock device on their vehicles for at least 2 years.
- Repeat offenders may also be required to have an interlock system for 1 to 5 years.
• If you hold a commercial driver’s license and your BAC is .04% or higher, you lose your license for one year, as well as being subject to criminal penalties. The Colorado DMV can pull your CDL for a first time DWAI or DUI that occurred in your private vehicle – so for a commercial driver, you must consult with an attorney or risk losing your livelihood.
• Colorado DUI or DWAI convictions remain on record for a defendant's lifetime for criminal sentencing purposes; and 5 years for DMV in considering lengths of suspensions and revocations for repeat alcohol incidents; and 7 years for a Habitual Traffic Offender designation.
• In Colorado DUI and DWAI are considered "misdemeanor criminal offenses" and a conviction can lessen your chances of getting some jobs and may injure or end a military or law enforcement career.
• Persons charged with DUI or DWAI have only 7 days from the date of arrest to request a hearing with the DMV (to be scheduled within 60 days). If defendant does not request the hearing on time, or does not attend the hearing the license will be suspended. Until outcome of the hearing a license remains in good standing.
• In the case of first time adult DUI offenders, Colorado DMV will not issue red probationary licenses for any reason (including work and care of children or family members), during the period of at least a one month DUI license revocation.
- Even first time offenders can be subject to an auto interlock requirement.
- Do you need any more reason to retain a DUI defense attorney?
– Disclaimer –
Only educated and licensed professionals should provide you with bonified legal advice. Consequently, the aforementioned information on this web site should not be construed as legal advice, rather suggestions and a range of helpful information and should not be substituted for speaking with an accredited attorney. There is no warrantee, expressed or implied herein. These issues are complicated, laws change and litigation takes experience. Please let us refer you to a seasoned professional.
– Criminal Code Citations–
42-4-1301(1)(a) Outward signs.
42-4-1301. Driving under the influence - driving while impaired - driving with excessive alcoholic content - penalties.
42-4-1301.2. Refusal of test - effect on driver's license - revocation - reinstatement.
42-4-1301.1. Expressed consent for the taking of blood, breath, urine, or saliva sample - testing.
42-2-138. Driving under restraint - penalty.
42-2-132.5. Mandatory and voluntary restricted licenses following alcohol conviction.
42-2-127. Authority to suspend license - to deny license - type of conviction - points.
42-2-126. Revocation of license based on administrative determination.
42-2-125. Mandatory revocation of license and permit.
42-2-132. Period of suspension or revocation.
Colorado Senate Bill 03-076 "Probationary licenses for first time DUI" Colorado Revised Statute 42-2-126, (the Colorado Department of Revenue shall revoke the driver's licenses of all persons who drive with a BAC over 0.08&).
Unverified Other Research
For anyone charged with drunk driving, DUI or DWAI in Colorado, it is vital to note that persons arrested for DUI have only 7 days from the date of arrest to request a hearing with the DMV. If someone arrested for drunk driving does not request the hearing on time, their license will be suspended, automatically. Period. A request to the Colorado Department of Revenue (which includes the Colorado DMV) requires a hearing within 60 days, and the driver's license to remain in good standing at least until the outcome of the DUI / DWAI hearing.
DUI / DWAI defendants in Colorado can be charged with DUI (driving under the influence of alcohol, drugs, or a combination of the two), or DWAI. Colorado DWAI, which stands for Driving While Ability Impaired, is a lesser-offense, where the person's blood alcohol level (BAC) is .05 or higher.
Colorado drunk driving (DUI / DWAI) arrests can relate to driving under the influence, or violation of the "per se" laws. Driving under the influence means driving a vehicle when a person has consumed intoxicants which affects the person to a degree that he or she is substantially incapable, mentally or physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.
Colorado DUI per se charges are slightly different. The DUI per se charge is brought against those arrested for DUI who provide a breath or blood alcohol sample of .08% or higher. It does not matter what the driving pattern is like, or whether the person arrested performed Field Sobriety Tests with textbook precision. It is a charge that is based purely on body chemistry.
Colorado DWAI (driving while ability impaired) is similar to Colorado DUI, except that to be convicted of Colorado DWAI, the prosecution is only required to prove that the defendant was affected to the slightest degree, so that the person is less able than he or she ordinarily would have been to exercise clear judgment.
Colorado, like many other states, imposes both criminal penalties and administrative driver's license penalties for a Colorado DUI conviction. That is why it is critical to contact a Colorado drunk driving defense lawyer right away, to protect your rights both in court and with the Colorado DMV (part of the Colorado Department of Revenue).
DUI arrests of persons from other states will still require a DMV Hearing to protect their driving privileges. Colorado is a member of the Interstate Driver's License Compact, which shares information about DUI and DWAI convictions and driver's license actions with other member states. There are 45 states that belong to this compact.
As to prior convictions for purposes of increasing punishment for a Colorado DUI or DWAI, prior DUI or DWAI convictions remain on record for a defendant's lifetime for criminal sentencing purposes, five years for DMV in considering lengths of Suspensions and Revocations for repeat alcohol incidents (although licenses can be revoked or suspended independent of the results in criminal court), and 7 years for Habitual Traffic Offender designation which requires 3 Major Incidents (driving under the influence of alcohol, reckless driving, driving under restraint, vehicular assault, vehicular homicide, and hit and run involving resulting in death or injury).
The maximum punishment for a DUI in Colorado is one year in jail, a $1000 fine, 96 hours of useful public service, an alcohol evaluation, an alcohol education course, and up to 86 hours of alcohol therapy. A BAC over .20 requires 10 days jail. Second and third offenses carry higher maximums and require jail. Typically, a first-offense DUI will include minimum punishments of unsupervised probation for 1 or 2 years, 48 hours of useful public service, an alcohol evaluation, an alcohol education course, and fines, fees, and court costs amounting to approximately $500. You must also abstain from drinking for 1 year.
Colorado DUI & DWAI Penalties
First DWAI (Driving While Ability Impaired) Conviction (BAC between .05-.08)
Eight points toward suspension on driver's license
$200-500 fine
2-180 days in jail
24-48 hours of community service
Second DWAI Conviction
One-year revoked driver's license
$600-1,000 fine
60 days-One year in jail
48-96 hours of community service
First DUI Conviction (BAC of .08 or greater)
12 points toward suspension on driver's license (which results in license suspension)
$600-1,000 fine
Five days-One year in jail
48-96 hours of community service
Second DUI Conviction
One-year revoked driver's license
$1,000-1,500 fine
Minimum 10 days in jail
60-120 hours of community service
Two years probation
DWAI with a previous DUI conviction on record
One-year revoked driver's license
$800-1,200 fine
60 days-One year in jail
52-104 hours of community service
DUI with a previous DWAI conviction on record
One-year driver's license revocation
$900-1,500 fine
70 days-1 year in jail
56-112 hours of community service
Penalties for Refusal
One-year suspended license
