If you have been arrested for DUI, there is still hope. Colorado DUI laws are strict, but they are not impossible to navigate. Don’t give up on yourself or your future. It is important to have a full understanding of your situation in order to find an opportunity to get the outcome you are looking for — it is almost always possible.
In order to understand Colorado DUI laws, it is important to know how Colorado defines the terms involved.
According to Colorado DUI law, a person is “under the influence” if they are significantly impaired (due to drugs or alcohol or both) in a way that would hinder them from operating a vehicle safely.
“Ability impaired” is considered to be a lower level of impairment than “under the influence” – generally this means that they are just slightly impaired and thus unable to safely operate a vehicle.
Even though the words “drive” “driving” or “drove” are commonly used when talking about Colorado DUI laws, the car does not have to actually be moving for there to be possible DUI charges. The person charged just needs to have been in physical control of the vehicle, whether it was moving or not. People have been convicted of DUI even when their car was turned off!
DUI stands for driving under the influence. This could mean drugs, alcohol, or a combination of the two.
DWAI stands for driving while ability impaired. Again, this could mean drugs, alcohol, or a combination of the two, but the level of impairment for a DWAI is lower than that of a DUI.
DUI Per Se means driving with a blood alcohol content (BAC) of .08 or higher. Per se is different from DUI because even if you are driving perfectly, and not appearing to be impaired, Colorado has set a legal BAC limit of .08, and if you exceed that you are breaking the law.
In Colorado, a first DUI is usually a misdemeanor (depending on the various factors in the arrest). The possible penalties for a first-time DUI in Colorado include:
In Colorado, a second DUI is also usually a misdemeanor. The possible penalties for a second DUI in Colorado include:
In Colorado, a third DUI is also usually a misdemeanor. The possible penalties for a third DUI in Colorado include:
In Colorado, a fourth (or subsequent) DUI is usually a felony. The possible penalties for a fourth or subsequent DUI in Colorado include:
In Colorado, a first DWAI (driving while ability impaired) is usually a misdemeanor (depending on the various factors in the arrest). The possible penalties for a first-time DWAI in Colorado include:
Frequently Asked Questions
Jail time is not a mandatory requirement for first time DUI convictions in Colorado, though it is always a possible penalty, but it is mandatory for 2nd time or higher DUI convictions. For all DUI convictions in Colorado, depending on the circumstances of the particular case, there is a possibility of jail time anywhere from 5 days up to 6 years.
The penalties for DUI in Colorado depend on a few different factors. Mostly, the penalties depend on the blood alcohol content (BAC) of the driver, and if they have any previous DUI convictions. DUI penalties can include jail time, fees, license revocation, required ignition interlock device, community service, probation, and in the more severe cases prison time.
Most DUI charges in colorado are actually misdemeanors. Some DUI charges, however, are felonies. The most common DUI felonies in Colorado are due to it being the driver’s fourth or more DUI, or if there were significant bodily injuries or death involved.
