Colorado DUI Laws

Posted on 08/08/22

Colorado has a variety of laws related to driving under the influence, including defining when this crime has been committed, what penalties may be imposed upon conviction, and what rights drivers in Colorado give up due to the state’s express consent law. The experienced criminal defense lawyers at Anaya & Chadderdon, P.C. can help mount a vigorous defense on your behalf if you are facing DUI charges in Colorado Springs. Contact our law firm today to schedule your free and confidential case consultation.

Driving Under the Influence

In Colorado, there are two different types of driving under the influence offenses:

DUI

DUI stands for driving under the influence of alcohol or drugs. This offense is committed when a person operates a motor vehicle with a blood alcohol content (BAC) of 0.08% or greater. Even if the driver has no discernible impairment and is driving the vehicle safely, they can still face this type of charge because the law presumes intoxication at this BAC.

DWAI

Driving while ability impaired (DWAI) is a lesser offense that is charged when a driver has a BAC of 0.05% to less than 0.07%. This offense is charged when a driver’s ability to drive is negatively affected because of the influence of alcohol or drugs.

Express Consent

Colorado law states that if you have a Colorado driver’s license, you have already provided express consent that you will submit to a chemical test if a law enforcement officer finds probable cause that the driver was operating a motor vehicle under the influence of alcohol or drugs. Notably, this consent only applies to chemical tests. It does not apply to field sobriety tests or portable breath tests, both of which are less accurate than chemical tests. If you refuse to take a chemical test, your driver’s license can be suspended and install an interlock ignition device for two years after your license is reinstated.

Penalties for DUI in Colorado

The penalties you face will be based on which offense you are charged with and your prior history of convictions.

DUI

The potential penalties for DUI include:

First DUI – Five days to one year in jail, a fine of $600 to $1,000, 48 to 96 hours of community service, driver’s license revocation of up to nine months
Second DUI – Ten days to one year in jail, a fine of $600 to $1,500, 48 to 120 hours of community service, driver’s license revocation of up to one year, a level II alcohol education class, and ignition interlock device for two years after the driver’s license is reinstated
Third DUI – 60 days to one year in jail, a fine of $600 to $1,500, 48 to 120 hours of community service, driver’s license revocation of up to two years, a level II alcohol education class, and ignition interlock device for two years after the driver’s license is reinstated

DWAI

The potential penalties for driving while ability impaired include:

First DWAI – Two days to 180 days in jail, a fine of $200 to $500, 24 to 48 hours of community service, eight points on the driver’s DMV driving record
Second DWAI – Ten days to one year in jail, a fine of $600 to $1,500, 48 to 120 hours of community service, eight points on the driver’s DMV driving record
Third DWAI – 60 days to one year in jail, a fine of $600 to $1,500, 48 to 120 hours of community service, driver’s license revocation of up to two years, eight points on the driver’s DMV driving record

Contact Anaya & Chadderdon, P.C. Today

If you are facing charges for a DUI in Colorado, contact us today for a free and confidential case review.