Summary of Colorado Dui Laws

Pursuant to Colorado Revised Statute 42-4-1301, "It is a misdemeanor for any person who is under the influence of alcohol, drugs, or alcohol and drugs to drive any vehicle anywhere in the State." Like most states, Colorado has set a "legal limit," where a driver is presumed to be "under the influence." In Colorado this "DUI" limit is currently 0.08 BAC. What most people don't know is that Colorado has set a lower limit of 0.05 BAC where a driver is presumed to be "driving while ability impaired(dwai)." Amazingly, under the Colorado DWAI law, an average man or woman can be convicted of drunk driving if he has had only two pint beers!

Under Colorado Revised Statute 42-4-1301.1 a police officer may request that a driver submit to a blood, breath, saliva or urine test, where upon making a lawful contact, the officer has "probable cause" to believe that the driver is under the influence of alcohol (dui) and/or drugs (duid). The results of these tests may be used in any criminal prosecution for dui or duid or for the purposes of an administrative license revocation. Failure to "cooperate" in taking any chemical test legally requested by the police is referred to as a "refusal." A refusal can result in a minimum license revocation of one year pursuant to Section 42-4-1301.2.

To see the criminal penalties for dui and dwai in Colorado click Penalties. The sentence ranges are mandatory, i.e., the court must impose a jail sentence within the given range. Persons convicted of dui, dwai or duid must perform a minimum amount of "useful public service" and pay fines and court costs within the penalty range for that offense. Most persons are offered probation for all or part of any jail sentence. The terms of such probation will vary depending on aggravating and mitigation factors presented to the court by the district attorney and your attorney. For example if you are involved in an accident while intoxicated, you are more likely to go to jail than if no accident occurred. Second time offenders will more likely than not have to serve jail time of at least a week or two.

Administrative Laws

According to 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. While the courts have held that this is not a penalty, loosing your drivers license without hope of receiving a probationary license (red license) penalizes both the driver and his or her family. This penalty 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. Similarly, DOR will revoke the license of any person convicted of driving under the influence of drugs (DUID).

Persons convicted administratively for a first DUI face a revocation of three months (alcohol related). Persons convicted of Duid will loose their licenses for one year for a first offense. Revocations for repeat offenses last a minimum of one year. Both the Department of Revenue and the courts use the tests mentioned above to make it easier to determine whether a driver has violated the law. Accordingly, a "refusal" can result in special punishment consisting of a one year driver's license revocation for a first offense.

Where a license revocation is sought by the State, a hearing may be requested within seven days of receipt of a "Notice of Revocation." At this hearing the driver will have an opportunity to present evidence challenging the legality of the revocation and save his or her license.

A variety of other laws related to other aspects of drunk driving law can be found on the Colorado DUI Laws Index.