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Colorado DUI Law

If you've been summoned to court for a Colorado DUI or DWAI, call us today. We can help!

In order to effectively defend against a DUI or DWAI charge in Colorado you or your attorney must be familiar with both the law specific to DUIs, and how those laws are applied by the courts. Having a competent attorney can mean the difference between acquittal and losing your driver's license or going to jail.

Our goal is to be the best DUI attorneys possible. We know Colorado law and how it will be applied in your case. What's more we understand technical defenses based upon blood and breath testing. We are trained in the correct operation of the breath test machines use in Colorado, the Intoxylizer 5000. We are also certified to administer NHTSA Standardized Field Sobriety tests. Cliff Hypsher is a member of the National College for DUI Defense, Inc! Call now for a free consultation if you or some one you know needs competent help with a drunk driving offense.

Colorado Ignition Interlock Program

The ignition interlock law C.R.S. 42-2-132.5 effective January 1, 2007 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 two years after any license restraint period. (Note: Repeat offenders may also be required to have an interlock system for one to five years.) This is called a "restricted license."

If you must have an interlock device in order to drive on a probationary license, the time on probation will not count toward the required two year restricted license period. For example, many people with high BACs must obtain a probationary license (with an interlock device required) for eleven months after being convicted of a DUI. In this case, the driver could end up having an interlock device for almost three years - eleven months driving with an interlock during the probationary license period and two years driving with an interlock during the restricted license period.

The cost of an interlock is between $60 and $70 per month plus a one time installation fee. Each vehicle registered to the driver subject to this punishment must have an interlock device installed. This law applies even to persons who receive a first time drunk driving conviction - the only criterion for imposition of this harsh penalty is whether the driver is accused of having a BAC over 0.17! Accordingly, where a breath or blood test comes back over 0.17, it is important to attack the State's alcohol analysis if there is any chance that an error has occurred. For example re-testing a blood samples may sometimes reveal errors in the State's test. Similarly, review of the maintenance and operational records of an Intoxylizer 5000EN machine often reveals that the machine was working improperly.

Mandatory Jail - Second DUI

In addition to the ignition interlock law Colorado requires mandatory jail upon receipt of a second or subsequent dui conviction - even if your last dui was twenty years ago in another state! For a second or subsequent DUI the court must impose at least 10 days in jail. Similarly, if your breath or blood alcohol level was over 0.2 BAC you face a minimum of ten days in jail even for a first offense. These are minimum mandatory sentences only - you may be liable for up to one year in the county jail depending on your driving history and the facts of your case.

Depending on the facts of your case and the skill of your attorney "jail" in this context can mean straight time behind bars, home detention or a weekend jail or work program. Your chances of serving actual time in jail increases with the number of prior DUI offenses and with the severity of offenses associated with the DUI, e.g., reckless driving, an accident or resisting arrest. Currently, there are programs that allow work in lieu of jail for DUIs in Boulder County and Larimer County. In the Boulder program you are permitted to work, usually picking up trash along roads, on several consecutive days instead of going to jail. The Larimer County "Workender" program allows work sentences similar to the Boulder DUI program, but on consecutive weekends. Arapahoe County also allows weekend sentences, but these consist of actual jail time over several consecutive weekends. I have also heard of weekend sentences in Denver, but such sentences are not common and may reflect an experimental program. These programs are expanding to other counties as jail over crowding increases.

For persons subject to lengthy sentences (if you have three or more DUIs,) Arapahoe county offers the Multiple Offenders Program. This program consists of a short stay in jail, followed by periods of work release, electronic home monitoring and probation. The idea behind the MOP is to provide close supervision to insure sobriety. Unfortunately, to be eligible for MOP you must be sentenced to a minimum of one year in jail! If you are aware of any other alternative programs like these, please email us so we can include them here!

Probationary Driver's Licenses

Colorado traffic law provides for driver's license restraints upon conviction for certain alcohol driving violations. Except in the case of first time adult dui offenders (Click here for Probationary License Statute) Colorado DMV cannot, according to statute, issue red probationary licenses for any reason (including work and care of children or sick family members), during the period of a dui license revocation. Even first time offenders face at least one month of no driving and are subject to the interlock requirement mentioned above. The issuance of a probationary license requires a hearing at DMV. During the hearing, the DMV hearing officer will determine whether and under what conditions the revoked driver may safely drive. Persons with alcohol levels over 0.17 are required to have an interlock device during the period of any probationary driving.

Colorado DUIs for minor / juvenile drivers

Alcohol offenses in the adult ranges, 0.05 and above carry the same criminal penalties as those imposed upon adults. There are additional penalties over and above those imposed upon adults for underage "drunk driving." The threshold for alcohol related offenses for minor drivers is 0.02 BAC rather than 0.05 BAC. An alcohol driving offense in the range of 0.02 to 0.05 is often called a "baby DUI." On the criminal side of the DUI process, a first baby DUI carries fines, points and community service. A second or subsequent "baby" can be punished as a class 2 misdemeanor traffic offense i.e., 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 (e.g., DWAI or DUI). A conviction for a first time baby DUI 0.02 to 0.05 BAC, carries a base license revocation of three months. Starting July 1, 2007 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 alcohol charges imposed.

Permanent Criminal Records

Unfortunately, employment applications often ask whether you have been convicted of any "crime." In Colorado DUI and DWAI are considered "misdemeanor criminal offenses" - not just traffic infractions. Pleading guilty to a DUI or DWAI can lessen your chances of getting some jobs and can preclude or end a military or law enforcement career. So get competent advice before you take whatever plea the DA is willing to offer you. The Colorado Bureau of Investigation keeps permanent computer records of all drunk driving convictions. These records are available to anybody, online, including prospective employers - for just a $6.85 fee at the CBI web site. These records can be sealed only if you are acquitted of all criminal charges associated with the DUI arrest.

Colorado Law and Commercial Drivers Licenses

Do you depend on a CDL for your living? - Effective September 2005 there are new federal regulations that disqualify any person convicted of an alcohol related driving offense from operating a commercial motor vehicle for a period of one year for a first offense and for life for a second or subsequent offense. Federal Motor Carrier Safety Administration Regulations. The penalties apply to alcohol related driving offenses that occur in both commercial vehicles and non-commercial vehicles. The Colorado Department of Revenue is required by section 42-2-126(6)(b)(III.5) C.R.S. to enforce this regulation against your CDL drivers license. Accordingly, you can be punished with loss of your Colorado CDL for a first time DWAI or DUI that occurred in your private vehicle! If you must have a "commercial driver's license" in order to work, taking a plea bargain to an alcohol related offense is not an option, even if yours is a first DWAI or DUI offense.

Steps you should take if you've been charged with DUI in Colorado.

Most people arrested for drunk driving are pretty shaken up for a few days after their arrest. Because of ever decreasing "legal limits," behavior which most people would consider innocent - a couple glasses of wine with dinner or a few beers during a concert can result in fines, lengthy probation or jail. What can you do to protect yourself against drunk driving charges? Obviously, you could never drink alcohol at a party, restaurant or concert again. But what if you already been arrested for DUI? Listed below are a few simple steps you should take as soon as you are released by the police or detox center:

  • Gather all paperwork relevant to the incident.

    Documents given to you at the time of your release may contain information which will form the basis of a defense, e.g., do the documents contain facts, errors or inconsistencies which can be used to discredit the police officer's reason for stopping you? Was a test taken within the two hour time limit mandated by law? You should also preserve documents such as credit card receipts from the tavern or restaurant where you consumed alcohol. These documents can be of significance if the alcohol test results are inconsistent with the number of drinks you consumed. Documents such as cell phone records, restaurant receipts, etc., may help your case if the time of contact with police or time of driving becomes an issue.

  • Write down everything you remember about the arrest.

    Any experienced criminal defense lawyer will tell you that as time passes you will forget important details about your case. While certain facts may seem insignificant to you, these same facts in the hands of an experienced attorney could mean the difference between conviction and acquittal. Talk to friends or family to ask them what they remember. The police are trained to take notes about things that might incriminate you. Many police personnel will purposely exclude facts from their reports that might exonerate you - so its up to you to bring facts which might help you to your attorney's attention. Take a few minutes to write down everything you remember about what happened before you were contacted by the police. Your notes should include a detailed account of everything you said and that the police said up to the time you were released. Include a list of what you had to drink and when you drank it. These notes could be helpful in formulating a defense or to refresh you memory months later during a trial or other hearing.

  • Request a hearing from the Colorado Department of Revenue.

    If you took a breath test or refused any test and you were issued an Affidavit and Notice of Revocation you should request a hearing, in writing, with the Department of Revenue within seven days. Failure to do so will not only result in loss of your driver's license but also loss of your right to a hearing during which you might save your license. In order to make sure that the written request is made properly, consult with a competent attorney prior to going to DMV if possible. Click here to see hearing request and temporary license. If you took a blood test, the hearing request must be made later, within a time period that will be specified in correspondence from the DMV.

  • Determine whether to request the arresting officer's presence at the DMV hearing.

    Many attorneys recommend that you request the presence of the arresting police officer (at the hearing) in your written request. This is not always good advice as you can be assured that if the officer attends the dmv hearing he will "supplement" his report with critical details he may have left out. I normally ask the officer to attend the hearing only if it is unlikely that my client's defense will use a "lack of evidence" in the reports as a ground for dismissal of the action. This determination is based upon my analysis of the facts and any documentation which I obtain before the hearing is requested. If it turns out, after in depth review of the police reports and other documentation that the arresting officer's presence is desirable at the DMV hearing, I can usually issue a subpoena for that purpose.

  • Contact an experienced dui defense attorney.

    This is an obvious step to protect your rights. Unless you've had some training in general criminal law and DUI law in particular, you should run your case by a lawyer who specializes in DUI. Whether you hire an attorney should be a decision made after careful deliberation, but usually it costs you nothing to speak with an attorney on the telephone about your case.

More information about protecting your rights.

DUI-Advisor is intended as a resource for non-lawyers faced with a Colorado DUI. Specifically, it is written to help anyone charged with a DUI or DUID in Colorado to understand and, where possible, to minimize the injury associated with an allegation of driving while intoxicated. The information provided here is updated periodically, however DUI law is constantly evolving -always consult with a licensed attorney before making any important decision about your case!

Cliff Hypsher is a Denver area attorney specializing exclusively in dui and Colorado drivers license law. He is a graduate of CU Law School in Boulder.

Mr. Hypsher began his involvement in dui law as a Technical Supervisor for the Texas Department of Public Safety's DUI enforcement program. As a technical supervisor Mr. Hypsher was responsible for teaching breath testing certification classes for police officers. He has studied advanced alcohol testing science and enforcement at the University of Indiana and has been trained in operation and maintenance of breath testing machines by the largest manufacturer of breath testing devices in the country.

Licensed to practice law in 1991 Mr. Hypsher served as an Assistant Attorney General assigned to the Colorado Department of Revenue, Motor Vehicle Division. During this time Mr. Hypsher gained valuable experience with the methods used in the administration of dui law. He has testified as an expert witness on the subject of dwi testing before both the Colorado District and County Courts.

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The Law Office of Clifton Hypsher
3780 South Broadway
Englewood, CO 80113

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Dui-AdvisorŠ This information is provided for reference only without any expressed or implied warranty. Always check with a licensed attorney before making any decision concerning legal issues involving your right to drive!