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CRS 42-4-1302

Stopping of Suspect

Colorado Revised Statute CRS 42-4-1302—known as stopping of suspects—is a regulation allowing police officers to stop any person they reasonably suspect is driving under the influence. Although this stop does not constitute an arrest, the driver may be required to give their name, phone number, and an explanation of their actions.

Let’s face it. Life happens.

No one wants to get in trouble, but when it happens, what do you do?

If you have been arrested or charged with a crime, the best decision you can make is to
hire a good criminal defense attorney. With the right defense lawyer in your corner, you
will be advised and guided towards the best outcome for your case.

Penalties for DUI or DWAI in Colorado

Charge Classification Penalty
DUI or DUI per se: First OffenseDUI or DUI per se: First OffenseFirst Offense DUI Misdemeanor

Misdemeanor

  • 5 days – 1 year of jail time
  • Mandatory minimum 10 days of jail if the B.A.C is above .20
  • $600 – $1,000 in fines
  • 48 – 96 hours of public service
  • Up to 2 years of probation5 days – 1 year of jail time
  • Mandatory minimum 10 days of jail if the B.A.C is above .20
  • $600 – $1,000 in fines
  • 48 – 96 hours of public service
  • Up to 2 years of probation5 days – 1 year in jail
  • $600 – $1,000 in fines
  • 48 – 96 hours of community service
  • Driver’s license revocation period of up to 9 months
DWAI: First OffenseSecond Offense DUI MisdemeanorMisdemeanor
  • 2 – 180 days of jail time
  • Mandatory minimum 10 days of jail if the B.A.C is above .20
  • $200 – $500 in fines
  • 24 – 48 hours of public service
  • Up to 2 years of probation10 days – 1 year in jail
  • $600 – $1,500 in fines
  • 48 – 120 hours of community service
  • Driver’s license suspension for up to  1 year
  • Level II alcohol education classes
  • Ignition interlock device for 2  years following license reinstatement
DUI, DUI per se, or DWAI: Second OffenseThird Offense DUI MisdemeanorMisdemeanor
  • 10 consecutive days – 1 year imprisonment
  • $600 – $1,500 in fines
  • 48 – 120 hours of public service
  • 2 years minimum of probation60 days – 1 year in jail
  • $600 – $1,500 in fines
  • 48 – 120 hours of community service;
  • Driver’s license suspension for up to 2 years
  • Level II alcohol education classes
  • Ignition interlock device for 2  years following license reinstatement
DUI, DUI per se, or DWAI: Third OffenseFourth Offense DUI or DWAI MisdemeanorFelony
  • 60 consecutive days – 1 year imprisonment
  • $600 – $1,500 in fines
  • 48 – 120 hours of public service

2 years minimum of probationClass 4:

  • 2 – 6 years in prison
  • 3 years of parole
  • $2,000 – $500,000 in fines
  • License revocation of 2 years

Possible Defenses for DUI or DWAI Offenses in Colorado

Getting pulled over or on suspicion of driving under the influence does not automatically make you guilty and neither does being arrested. To convict you, the prosecution must prove your charges beyond a reasonable doubt.

They will have to establish the following elements:

  • That the defendant,
  • in the State of Colorado, at or about the date and place charged,
  • drove a motor vehicle or vehicle,
  • while under the influence of alcohol or one or more drugs, or a combination of both alcohol and one or more drugs
  • and that the defendant’s conduct was not legally authorized by the affirmative defense[s] in Instruction[s]

With that in mind, your criminal defense attorney can raise several defenses on your behalf to have your charges reduced or dropped.

Here are a few:

  1. The traffic stop was unlawful. Colorado law enforcement must have probable cause to perform a traffic stop.
  2. The field sobriety test was inaccurate. Defendants who are elderly, injured, overweight, or disabled could possibly challenge the accuracy of a field sobriety test.
  3. The breathalyzer was faulty or improperly administered. Defendants can challenge the accuracy of the breathalyzer if the test was administered incorrectly or the equipment used was not calibrated correctly.
  4. The blood test was inaccurate. Blood samples taken in Colorado must be collected, handled, and stored correctly, and a DUI defense lawyer can challenge the accuracy of a blood test on these grounds.
  5. The breathalyzer or field sobriety test was inaccurate
  6. The officer illegally stopped the vehicle
  7. There was no evidence that the defendant was operating the vehicle
  8. The driver was under duress and had no alternative to driving while intoxicated to seek help

Colorado Revised Statutes, CRS 18-3-202:

A law enforcement officer may stop any person who the officer reasonably suspects is committing or has committed a violation of section 42-4-1301 (1) or (2) and may require the person to give such person’s name, address, and an explanation of his or her actions. The stopping shall not constitute an arrest.

Have You Been Charged or Arrested for a DWI or DWAI in Colorado Springs or El Paso County?

This charge carries a sentence of up to one-year imprisonment and/or a fine of up to $1,500, depending on the applicable aggravating and mitigating factors. However, to convict you, the prosecution must prove that you operated a vehicle under the influence of drugs or alcohol and convince a jury that you’re guilty beyond a reasonable doubt. There may be several legal defenses available in your case. To effectively defend yourself against this charge, you must understand the applicable laws and how they apply to your case.

Frequently Asked Questions

What is a DWAI in Colorado?

DWAI is driving while the ability to drive is impaired by alcohol or drugs. This is a lesser offense than driving under the influence (DUI) and can be charged if a person’s BAC level is at least 0.05% but less than the legal limit of 0.08%.

What is implied or express consent in Colorado?

Colorado express consent requires individuals pulled over on suspicion of driving under the influence to submit to chemical testing (blood or breath tests). By refusing, drivers will incur additional penalties, including installing an interlock ignition device.

What happens if I don’t stop for the police in Colorado?

Not pulling over for a police officer is a crime. It can be charged under CRS 42-4-1413 or eluding or attempting to elude police. This misdemeanor charge is punishable by up to 90 days in jail and/or a fine of up to $500. Some instances of eluding can result in felony charges as well.