A Complete Guide to Colorado DUI Laws: From First Offense to Felony Charges

June 20, 2025

A Complete Guide to Colorado DUI Laws: From First Offense to Felony Charges

Introduction

Colorado, known for its majestic Rocky Mountains and vibrant cities, also stands out for its comprehensive and distinct impaired driving laws. Unlike many states that solely use "DUI," Colorado employs both "DUI" (Driving Under the Influence) and "DWAI" (Driving While Ability Impaired) statutes, each carrying its own definitions and penalties. The state's commitment to road safety is reflected in its stringent enforcement and escalating consequences for impaired driving offenses. Understanding these nuanced laws is crucial for anyone behind the wheel in the Centennial State.

The General Framework of Colorado's Impaired Driving Laws

In Colorado, a person can be charged with DUI or DWAI if they are found to be operating or in actual physical control of a vehicle while impaired by alcohol, drugs (including marijuana, prescription medications, and illicit substances), or a combination of both.

DUI (Driving Under the Influence): This charge applies when a person operates a vehicle while substantially incapable of operating it safely due to alcohol, drugs, or both. It is also a "per se" offense if your BAC is $0.08%$ or higher.

DWAI (Driving While Ability Impaired): This charge applies when a person operates a vehicle while their ability to drive is impaired "to the slightest degree" by alcohol, drugs, or both. This is often associated with a BAC between $0.05%$ and $0.079%$ , but can be charged based on observable impairment alone, regardless of BAC.

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Per Se BAC Limits:

For drivers 21 and older (DUI): The legal BAC limit is $0.08%$ .
For drivers 21 and older (DWAI): A BAC of $0.05%$ to $0.079%$ creates a permissive inference that the driver is impaired to the "slightest degree" (DWAI).
For commercial vehicle operators: The legal BAC limit is $0.04%$ .
For drivers under 21 (Zero Tolerance/UDD): Colorado has a "zero tolerance" policy for underage drivers. A BAC of $0.02%$ or higher for a driver under 21 constitutes Underage Drinking and Driving (UDD). While less severe than adult DUI/DWAI, it still carries significant penalties.

It's important to note that even if your BAC is below the specific "per se" limits, you can still face DUI or DWAI charges if law enforcement can demonstrate that your driving ability was impaired.

Express Consent Law

Colorado operates under an "Expressed Consent" law. By driving on any Colorado public road, you implicitly consent to chemical tests (blood or breath) if a law enforcement officer has probable cause to believe you are driving under the influence. While you generally have the right to refuse a preliminary roadside breath test, refusing a chemical test after a lawful arrest for DUI carries immediate and severe administrative penalties. Law enforcement can often obtain a warrant to compel a blood draw if a test is refused.

Consequences of Refusal to Test: Refusal results in administrative penalties from the Department of Revenue (DMV), separate from any criminal case outcomes. Your refusal can also be used as evidence against you in court.

First refusal: Automatic 1-year driver's license revocation and designation as a "persistent drunk driver" (PDD).
Second refusal: Automatic 2-year driver's license revocation and PDD designation.
Third or subsequent refusal: Automatic 3-year driver's license revocation and PDD designation.

Being designated a PDD carries additional requirements, including mandatory Ignition Interlock Device (IID) use for at least two years upon license reinstatement and mandatory Level II Alcohol Education and Therapy.

Colorado DUI/DWAI Statistics

Impaired driving continues to be a critical public safety issue in Colorado. According to preliminary data from the Colorado Department of Transportation (CDOT), in 2024, there were 203 fatalities on Colorado roads involving an impaired driver. This figure accounted for 30% of all traffic deaths during the year and represents an 11% decrease from the 227 fatalities in 2023. Despite this positive trend, Colorado State Patrol reported over 14,000 DUI arrests in 2024, highlighting the persistent challenge and the ongoing need for strict enforcement and public awareness campaigns like "The Heat Is On."

Penalties for DUI and DWAI in Colorado

Colorado's penalties for impaired driving are substantial and become significantly more severe with each subsequent offense. Unlike many states, Colorado has no look-back period for prior DUI/DWAI convictions. This means any previous conviction, no matter how old, counts toward determining if a new offense is a repeat offense, leading to escalating penalties.

First Offense DWI (Driving While Ability Impaired - Misdemeanor)

Jail Time: 2 to 180 days (no mandatory minimum).
Fines: $200 to $500.
Public Service: 24 to 48 hours.
License Points: 8 points on your driving record.
Alcohol Education: Mandatory Level II Alcohol Education.
Probation: Up to 2 years.

First Offense DUI (Driving Under the Influence - Misdemeanor)

Jail Time: 5 days to 1 year. The 5-day mandatory minimum can often be suspended if the offender undergoes a court-ordered alcohol and drug evaluation and completes recommended education/therapy. However, if BAC is $0.20%$ or higher, there is a mandatory minimum of 10 days jail that cannot be suspended (though alternative sentencing like home detention may apply).
Fines: $600 to $1,000.
Public Service: 48 to 96 hours.
License Suspension: 9-month driver's license suspension by the DMV. Eligibility for early reinstatement with an IID after one month.
Ignition Interlock Device (IID): Mandatory IID for 8 months following license reinstatement.
Substance Abuse Evaluation and Education/Treatment: Mandatory Level II Alcohol Education and Therapy.
Victim Impact Panel: Mandatory attendance at a Victim Impact Panel (MADD).
Probation: Up to 2 years.

Repeat Offenses (DUI/DWAI - within any timeframe, due to no look-back period)

Second Offense (Misdemeanor):
- Jail Time: Mandatory minimum of 10 consecutive days up to 1 year.
- Fines: $600 to $1,500.
- Public Service: 48 to 120 hours.
- License Suspension: 1-year driver's license suspension by the DMV.
- IID: Mandatory IID for 2 to 5 years (length varies based on specific circumstances and PDD designation).
- Substance Abuse Treatment & VIP: Mandatory Level II Alcohol Education and Therapy, and Victim Impact Panel.
- Probation: 2 to 4 years.
- Persistent Drunk Driver (PDD) Designation: Mandatory.
- SR-22 Insurance: Mandatory for at least two years.
Third Offense (Misdemeanor):
- Jail Time: Mandatory minimum of 60 consecutive days up to 1 year.
- Fines: $600 to $1,500.
- Public Service: 48 to 120 hours.
- License Suspension: 2-year driver's license suspension by the DMV (can apply for reinstatement after 2 years).
- IID: Mandatory IID for 2 to 5 years.
- Substance Abuse Treatment & VIP: Mandatory Level II Alcohol Education and Therapy, and Victim Impact Panel.
- Probation: 2 to 4 years.
- Persistent Drunk Driver (PDD) Designation: Mandatory.
- SR-22 Insurance: Mandatory for at least two years.
Fourth or Subsequent Offense (Class 4 Felony):
- Prison Time: Mandatory minimum of 2 years up to 6 years in state prison (can be longer with aggravating circumstances).
- Fines: $2,000 to $500,000.
- License Revocation: 5-year driver's license revocation.
- IID: Mandatory IID for 2 to 5 years upon license reinstatement.
- Mandatory Parole: 3 years of mandatory parole after prison release.
- Substance Abuse Treatment: Mandatory evaluation and extensive treatment.
- Community Service: 48 to 120 hours.
- Felony Criminal Record: A permanent felony conviction with severe lifelong implications for employment, housing, professional licenses, and civil rights.

Aggravating Factors and Enhanced Penalties:

High BAC (0.15% or higher): Triggers a "Persistent Drunk Driver" (PDD) designation even on a first offense, leading to mandatory IID and enhanced treatment requirements.
Child Endangerment: Driving under the influence with a child under 16 years old in the vehicle can lead to enhanced penalties and additional charges.
Causing Injury or Death: DUIs resulting in serious bodily injury are charged as Class 4 Felonies (Vehicular Assault), carrying 2-6 years in prison. DUIs causing death are charged as Class 3 Felonies (Vehicular Homicide), carrying 4-12 years in prison and longer mandatory parole. Restitution to victims is also required.
Refusal to Submit to Chemical Test: As outlined, refusal leads to longer license revocations, PDD designation, and mandatory IID.
Driving Under Suspension/Revocation for prior DUI/DWAI: Can result in additional criminal charges and enhanced penalties.

Conclusion

Colorado's dual system of DUI and DWAI, coupled with its "no look-back" policy for prior offenses, positions it as one of the states with the most rigorous impaired driving laws. The comprehensive range of penalties, from mandatory jail time and substantial fines to long-term license revocations, compulsory Ignition Interlock Devices, and the lifelong implications of a felony conviction, underscores the serious nature of these offenses. For any driver in Colorado, understanding the nuances of these laws is not merely a legal obligation but a critical step in ensuring personal safety and avoiding severe, life-altering consequences. If you are facing a DUI or DWAI charge in the Centennial State, immediate consultation with an experienced Colorado DUI/DWAI defense attorney is strongly advised.

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