Colorado DUI Laws

Colorado DUI Laws: Everything You Need to Know in 2022

Your License Will Be AUTOMATICALLY Suspended in 7 Days. You NEED to Act Fast.

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. 

Colorado DUI Laws

In order to understand Colorado DUI laws, it is important to know how Colorado defines the terms involved.

Under the Influence

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

“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.

Driving 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

DUI stands for driving under the influence. This could mean drugs, alcohol, or a combination of the two.

DWAI

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

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.

Here are some of the Colorado DUI Laws and associated penalties you need to understand:

First DUI

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:

• $600 – $1,000 in fines
• 9-month license suspension
• 12 points on your license
• 48-96 hours of community service
• Jail time from 5 days to a year
• Probation – either unsupervised or supervised by a probation officer

Second DUI

In Colorado, a second DUI is also usually a misdemeanor. The possible penalties for a second DUI in Colorado include:

• $600 – $1,500 in fines
• 1-year license suspension
• 2-years of having an ignition interlock device
• 12 points on your license
• 48-120 hours of community service
• Jail time from 10 days to a year
• Probation usually supervised by a probation officer

Third DUI

In Colorado, a third DUI is also usually a misdemeanor. The possible penalties for a third DUI in Colorado include:

• $600 – $1,500 in fines
• 2-year license suspension
• 2-years of having an ignition interlock device
• 12 points on your license
• 48-120 hours of community service
• Jail time from 60 days to a year
• Probation usually supervised by a probation officer

Fourth and Subsequent DUI

In Colorado, a fourth (or subsequent) DUI is usually a felony. The possible penalties for a fourth or subsequent DUI in Colorado include:

• $2,000 – $500,000 in fines
• 2-6 years in a state prison with a 3-year parole
• Alternative to prison: Lengthy probation usually supervised by a probation officer with anywhere from 90 days – 2 years of jail before probation begins

DWAI

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:

• $200 – $500 in fines
• 8 points on your license
• 24-48 hours of community service
• Jail time from 2 – 180 days
• Probation – either unsupervised or supervised by a probation officer