COLORADO DUI LAW

Blood Alcohol Content (BAC) for Driving Under the Influence (DUI) in Colorado:

• Standard BAC: .08% or above
• Driving While Ability Impaired (DWAI) BAC: .05%-.08%
• Zero Tolerance BAC: .02% or above
• Professional Drivers: .04% or above
• High BAC: .17% or above

Express Consent and Chemical Test Refusal: Colorado has an Express Consent Law. This means that you automatically consent to a breath, urine, or blood test as a Colorado driver. If you are suspected of drunk driving and you refuse to take one of these chemical tests, your license will be revoked for one year. If you fail to submit to a chemical test a second time, your license will be suspended for two years.

DUI violations in Colorado can have long term, consequential results. You should obtain legal counsel to help advise and defend you in your Colorado DUI case. This is especially important because DUI law can vary between counties, and a Colorado DUI attorney will best understand these distinctions.

DUI Arrest - Civil Case

Potential Penalties:

• License Suspension:
  • First DUI Conviction: 9 months. But, if your BAC is .20% or more, your license will be suspended for 1 year.
  • First DWAI Conviction: No.
  • Second DUI Conviction: 1 year.
  • Second DWAI Conviction: 1 year.
• Monetary Fines:
  • First DUI Conviction: Between $600-$1,000. If your BAC is above .20%, fines will increase to between $500-$1,500.
  • First DWAI Conviction: Between $200-$500.
  • Second DUI Conviction: Between $1,000-$1,500.
  • Second DWAI Conviction: Between $1,000-$1,500
• Community Service: Upon your first DUI, from 48 to 96 hours. If you had a BAC of greater than .20%, you must complete a mandatory 60 hours of community service, and potentially as many as 120 hours. Upon your first DWAI, from 24 to 48 hours. After your second DUI or DWAI, you must complete 60-120 hours of community service.
• Probation: For your First DUI, the court may impose probation not to exceed 2 years. If you are convicted of a Second DUI, the court will impose mandatory probation of at least 2 years.
• Motor Vehicle Impound: No.
• Ignition Interlock: After your second DUI, an ignition interlock device must be installed prior to the reinstatement of your license.
• Prison Time:

  *Note: Any time you are imprisoned for DUI in CO, the court can require that you complete an Alcohol Education or Treatment Program.

  • First DUI: Between 5 days and 1 year. If your BAC is .20% or greater, you must serve a mandatory 10 days in prison, and possibly up to 1 year.
  • First DWAI: Between 48 hours and 180 days.
  • Second DUI: Between 90 days and 1 year.

DUI Arrest - Criminal Charges

Conviction of a DUI in Colorado can lead to serious criminal consequences. Contacting a lawyer is beneficial so that you do not have to defend yourself in the Colorado courts, which can be a complicated process.

Potential Criminal Charges: In Colorado, DUIs are classified as misdemeanors. However, your fourth or higher DUI charge will be classified as a Class C felony.

Reinstating Your License After DUI Conviction: You must pay a $95.00 reinstatement fee, and file an Application for Reinstatement (Form DR 2870).

Effect of Colorado DUI on Car Insurance: If this is your first DUI, you must maintain an SR-22 Certificate of Insurance for three months after reinstatement. If this is your second DUI, you must retain SR-22 insurance for three years after reinstatement. After obtaining the SR-22 form from your liability insurance carrier, you must file the form with the Colorado Department of Revenue-Division of Motor Vehicles. It is worth noting that following an arrest for DUI, your insurance premiums will likely increase by 30%.

Effect of Colorado DUI on Driving Record: Colorado retains the point system for driver’s licenses. Your first DUI results in the loss of 12 points on your driver’s license.

Under 21 and DUI: Colorado has a Zero Tolerance Law which will apply if you are under the age of 21 and have a BAC of .02% or higher while operating a motor vehicle. If the Zero Tolerance Law applies, your license will be suspended for one year.

Colorado Resources

Colorado Department of Revenue-Division of Motor Vehicles

Colorado DUI Statutes

Colorado Department of Transportation