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Colorado DUI Law

If you've been summoned to court for a Colorado DUI DWAI or Driving With a Suspended License, call us today. Over 95% of our cases arise from DUI or alcohol related driving under restraint charges!

DUI enforcement in Colorado is so unreasonable today that if you drink even one beer or a glass of wine with dinner you can't be sure that you won't be arrested for an alcohol related driving offense. About half of the people we see charged with drunk driving were not stopped for erratic driving as you would expect, but, rather for otherwise minor traffic violations such as speeding or having a burnt out license plate light. If you have been arrested for a drunk driving offense don't automatically assume that you will be convicted!

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 provide you with quality representation and personal service. 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 5000EN. 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.

Ignition Interlock Program for Everyone!

The people who make ignition interlocks must be grinning ear to ear. Beginning January 1, 2009 the base penalty for first time violators of section 42-4-1301(1)(a)or (2)(a) C.R.S. is increased to 9 months of no driving with probationary driving privileges conditioned on installation of an interlock device. Second time offenders will still be liable for a minimum one year revocation with no probationary driving privilege possible. Persons appearing before the DMV for a third or subsequent offense will face two years of no driving imposed by the DMV hearing officer with interlock privileges possible after one year. The new 9 month penalty may be imposed based either upon an administrative finding of guilt (DMV hearing) or a court conviction. This means first time DUI defendants face a minimum nine month revocation based upon either a the decision of a hearing officer and/or court of law. As stated above first time offenders, can get a "hardship license" after one month of no driving but only if an interlock device is installed in each vehicle they own. The obvious purpose of this legislation is to push every "offender" to get an interlock device installed in his or her car. An interlock punishes any consumption alcohol by temporarily killing your ignition system.

Not surprisingly NHTSA and MADD are behind these new laws. The problem with this program is that some people, sales personnel for example, cannot afford to have clients or business associates see the interlock device in their vehicles. A nine month revocation for these people might as well be a death sentence!

All drivers who test over 0.17 BAC are still required to install and drive with an interlock device on their vehicles for at least two years after any other license restraint period. Most repeat offenders are also required to install interlock devices in their vehicles after a lengthy revocation period. This is called a "restricted license." Any interlock will prevent your car from running if any alcohol is detected on your breath. Learn more about how an interlock works (Wiki).

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 (expect two to four months), electronic home monitoring and supervised 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!

Denver offers two programs that are less well defined but that are similar to MOP in Arapahoe County. First, judges may sentence multiple offenders to split sentences comprising of part jail, and part in home detention. Second, there is a program for those who fail probation that may be applied for if you are facing a year long sentence. This program allows a brief period of straight jail followed by intensive probation supervised by the Sheriff's Office.

Finally, many judges will consider allowing "out-of-towners" to serve a jail sentence in their local jail. For example, I was recently able to obtain permission for a client from the Pacific Northwest to serve a lengthy work release sentence in his home state. This allowed my client to keep his job, his home and to support his wife and new baby.

If you are aware of any other alternative programs like these, please email us so we can include them here!

Restricted Driver's Licenses

Note:Starting with DUI offenses that occur on or after in January 1, 2009 the DMV will no longer issue probationary licenses to first time offenders. Instead, persons subject to first time license revocations may request that their restraint period be extended to 9 Months with interlock driving privileges after one month for the remaining 8 month period.

For first time dui's occuring before January 1, 2009, Colorado traffic law provides for a three month driver's license restraint upon an administrative finding that the person drove with an excessive alcohol content. (Click here for Probationary License Statute). Colorado DMV cannot issue a drivers license for any reason (including work and care of children or sick family members), during the period of the administrative license restraint unless it is a first time offense. Minor drivers are not eligible for probationary driving privileges for dui license restraints. A second or subsequent dui will result in a year or more of restraint without possibility of probationary driving privileges. Beginning in January 2009 the only way to get a probationary license if you've lost your license for a first time DUI will be to have an interlock device installed in your car.

Currently, the issuance of a probationary license for a first time revocation 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.

Minor drivers over 18 years old will lose their license for one year if they get nine points in a year, twelve points in two years or a total of 14 points after reaching the age of eighteen. Probationary licenses (Red Licenses) are authorized by statute for minors facing points suspensions, however these are rarely granted. In order to try for a probationary license, you must schedule a hearing with the DOR Hearing Section.

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.

Sealing or Expungement of DUI Records

To begin, Colorado doesn't allow "expungement" of criminal records as such. Criminal records may be "sealed," which means that access is to the records are limited to the courts and prosecutors, the actual records are not erased or destroyed. Sealed records can be "unsealed" by a district court if so requested by a district attorney.

Section 42-72-308 C.R.S. expressly prohibits sealing of "convictions" for offenses under the DUI law. Technically, a guilty plea accompanied by a deferred judgment and sentence is a "conviction" until such time as the plea is withdrawn and the case closed. Accordingly, until the case subject to a deferred is dismissed, sealing is clearly prohibited. It is less clear whether dismissal of the deferred erases the prior conviction thereby allowing sealing!

Can records of a drunk driving arrest be sealed? The short answer is that in order to have record of a DUI or DWAI sealed, the accused person must either have the charges dismissed or be acquitted at trial. DMV records cannot be altered by sealing. The Colorado Record Sealing statute, section 24-72-308 C.R.S. explicitly exempts from sealing records of convictions for crimes described in section 42-2-1301 C.R.S.

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! An administrative finding of guilt can trigger the suspension as well as a criminal conviction.

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. A bar tab may be used to show that your alcohol consumption was inconsistent with the result of a blood or breath test.
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.

Except in very rare instances, it is always a good idea to request a hearing concerning revocation of your drivers license for "driving with excessive alcohol content." At minimum, if a valid request for hearing is made but no hearing is scheduled by DMV within 60 days, you are entitled to have your license returned! 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. When you go to a DMV office to request a hearing, you may also wish to obtain a Colorado Photo ID Card.
Determine whether to request the officer's presence at the DMV hearing.

Many attorneys recommend that you request the presence of the police officer (at the hearing) in your written request. This is not always good advice. First, you can be assured that if the officer attends the DMV hearing he will "supplement" his report with any critical details he may have left out. I normally ask police officers 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 obtained before the hearing is requested.

Second, if you request "the officer" DMV will summon the officer who signed the Affidavit and Notice of Revocation. This may not be the officer who stopped you or who was actually involved in the stage of the arrest process that you wish to contest. If it turns out, after in depth review of the police reports and other documentation that police testimony is desirable at the DMV hearing, I can request that DMV issue a subpoena for the specific officer of officers needed at the hearing.
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.

You may read Colorado's dui laws for yourself at Colorado DUI Laws.
Or pull up graphic displays of the Criminal Process and License Revocation Process.
For a more in-depth look at how a Colorado DUI may effect your ability to drive, check out Colorado Driver's License Index.
If your primary concerns are the criminal penalties please browse the Criminal Index.
Need to know what types of ID the Motor Vehicle Division will accept? Forms of Identification .
Looking for a MADD victims impact panel? VIP .
Looking for information on the Arapahoe County Multiple Offenders Program? MOP .
If you are the victim of a permanent hold on your driver's license due to three or more DUIs but have stopped drinking for good -click here! Second Chance.
Just need a form? The most commonly used Colorado Department of Revenue DUI related forms (PDF format) can be found at the bottom of the Driver's License Index.
If you are looking for a state certified alcohol class use this link Colorado Alcohol Treatment Classes.
Learn more about The Interlock Program and find a provider Colorado Interlock Information.
Want to learn more about Standardized Field Sobriety Tests? Click here.
What are the police trained to look for? Learn driving behaviors to avoid from the National Highway Traffic Safety Administration web site The Visual Detection of DWI Motorist.
For those of you who are still trying to figure out what a DUI is all about, start at Frequently Asked Questions .
If you are looking for a dui attorney in another state check out Lawyer Index.
How electronic monitoring works. Electronic Monitoring.
Get information about the court ordered alcohol monitoring SCRAM system.
Look here for the nearest Colorado Department of Revenue Driver's License Office Location.
Calculate your alcohol level Alcohol Level Chart.

NOTE: New laws go into effect on July 1, 2008. Among the changes there will be an increase of the base revocation period for fist time offenders. The new penalty for driving with excess alcohol content will be a nine month driver's license revocation! Early reinstatement, after one month of no driving, will be offered but will require installation of an interlock device for a minimum of four to eight months. To view these laws click here: Colorado Legislature

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.