Colorado DUI DWAI Laws
The maximum prescribed legal BAC limit in Colorado is 0.08% per se
(effective from July 1st 2004)
Colorado Drunk Driving Laws (If you’ve been charged with Colorado DUI DWAI , the law allows only 7 days for your Colorado DUI Lawyer to make a request with the Colorado DMV (Division of Motor Vehicles) for a hearing to save your driving license)
Colorado is a member of the Interstate Drivers License Compact
An agreement between participating states to share information regarding certain types of convictions including DUI - DWI and related Drunk Driving offenses. If a resident of one state gets convicted of a drunk driving offense in another state, the driver's home state will be notified. The type of action that the driver's home state will take will vary from state to state. |
Colorado DUI Laws and BAC limits
ALL DRIVERS - BAC LIMIT = 0.08%
In the State of Colorado it is crime for ANY driver to drive with a BAC (blood alcohol content - concentration) of 0.08% and above.
ALL DRIVERS - BAC LIMIT BETWEEN 0.05 - 0.08% - DWAI
It can be considered a crime to drive with a BAC (blood alcohol content - concentration) of more than 0.05% but less than 0.08% if a persons driving ability is impaired. This is known as DWAI (driving while ability impaired).
MINOR (under the age of 21) - BAC LIMIT = 0.02%
It is a crime for persons under 21 years of age to drive with a BAC (blood alcohol content - concentration) of 0.02% or above. Any driver under the age of 21 convicted of DUI or DWAI will have a mandatory 1 year driving license suspension.
It is an offense to refuse to submit to a chemical test in Colorado under the express consent law which is similar to the implied consent laws of other counties.
!! CAUTION - Driving Ability Impaired !!
You can be prosecuted in Colorado without driving while you are over the legal prescribed bac limit.
Under Colorado law, it is unlawful to drive with a BAC limit above the per se laws OR to drive while impaired under the influence of alcohol and/or drugs.
Under this law the prosecution must show that the driver was IMPAIRED by alcohol and/or drugs. The level of impairment is usually based on observations and evidence of driving ability (or rather inability), physical appearance, field sobriety tests and any other relevant evidence which can help prove a persons driving ability was indeed impaired. Different amounts of alcohol can affect people in different ways, what may impair one persons driving ability and make them feel drunk, might not necessarily impair another persons driving ability.
Observations from a law enforcement officer that may lead to being stopped and arrested include:
- Making a turn too widely or narrowly
- Using two lanes, stradling the center line
- Almost hitting someone or something
- Weaving or drifting from one side of the road to another
- Driving too slowly and being overly cautious
- Driving too close to vehicle in front
- Driving ON the center lines
- Erratic braking
- Swerving to correct course of vehicle
You can be charged with an offence regardless of your BAC level, as long as impairment can be proved to the legal extent necessary.
A skilled drunk driving attorney can help you defend any charges against you |
Colorado BAC Calculator
Top of page
Penalties for DUI - DWAI - Drunk Driving in Colorado
Drunk driving cases in Colorado can be prosecuted in one of three ways:
DUI: Driving a vehicle when a person has consumed alcohol or one or more drugs that substantially affects that persons ability to drive a vehicle safely.
DUI per se: Driving a vehicle when a person has consumed enough alcohol in order for their BAC (blood alcohol content) to exceed the maximum legal prescribed limit of 0.08%.
DUI Penalties
DWAI (driving with ability impaired): A person is presumed to be DWAI
if a blood or breath test shows a blood alcohol level of more than 0.05% but less than 0.08%.
DWAI Penalties
Colorado is a state with a five-year ‘washout period’, also known as a 'look back period', this means that a prior conviction is not admissible after five years. If it is five years and one day since a driver was convicted of DUI, that driver will be considered a first-time offender. If a driver commits a DUI within five years of the first DUI, they are considered guilty of a second offense and are subjected to harsher punishments.
Out of State DUI Convictions
Colorado DUI laws state that any person convicted under the laws of Colorado or any other state of an act that if committed within Colorado would constitute the offense of DUI, DUI per se or DWAI that they may be counted as prior convictions for sentencing purposes.
Penalties for DUI - Drunk Driving in Colorado - BAC 0.08% and Above
First Dui - Drunk Driving Conviction - MISDEMEANOR
(possible class 4 FELONY if injury related DUI)
The penalty for a first DUI - drunk driving conviction in Colorado:
- Fine: $600 to $1,000 fine
- Surcharge: $100 to $500
- Jail: 5 days to 1 year in jail
- License Suspension: 9 months drivers license suspension (ignition interlock restricted driving license may be available after first 30 days of suspension)
- 48 to 96 hours mandatory public service (community service)
- possible period of probation for up to 2 years
- Colorado SR22 insurance requirement
Second DUI - Drunk Driving Conviction - MISDEMEANOR
(possible class 4 FELONY if injury related DUI)
The penalty for a second DUI - drunk driving conviction in Colorado:
- Fine: $600 to $1,500 fine
- Surcharge: $100 to $500
- Jail: 10 days to 1 year in jail
- License Suspension: 12 months drivers license suspension
- 48 to 120 hours mandatory public service (community service)
- a period of probation for at least 2 years
- alcohol and drug driving safety education/treatment program
- possible alcohol intake monitoring
- ignition interlock restriction for 2 years upon driving license reinstatement
- Colorado SR22 insurance requirement
THIRD (and subsequent) DUI - Drunk Driving Conviction - MISDEMEANOR
(possible class 4 FELONY if injury related DUI)
The penalty for a third DUI - drunk driving conviction in Colorado:
- Fine: $600 to $1,500 fine
- Surcharge: $100 to $500
- Jail: 60 days to 1 year in jail
- License Suspension: 24 months drivers license suspension (ignition interlock restricted driving license may be available after first 1 year of suspension)
- 48 to 120 hours mandatory public service (community service)
- a period of probation for at least 2 years
- alcohol and drug driving safety education/treatment program
- possible alcohol intake monitoring
- ignition interlock restriction for 2 years upon driving license reinstatement
- Colorado SR22 insurance requirement
Top of page
Penalties for DWAI - Drunk Driving in Colorado - BAC BETWEEN 0.05% and 0.08%
First DWAI - Drunk Driving Conviction - MISDEMEANOR
The penalty for a first DWAI - drunk driving conviction in Colorado:
- Fine: $200 to $500 fine
- Surcharge: $100 to $500
- Jail: 2 days to 180 days in jail
- License Suspension: no drivers license suspension
- 24 to 48 hours mandatory public service (community service)
- possible period of probation for up to 2 years
- Colorado SR22 insurance requirement
SECOND DWAI - Drunk Driving Conviction - MISDEMEANOR
The penalty for a second DWAI - drunk driving conviction in Colorado:
- Fine: $600 to $1,500 fine
- Surcharge: $100 to $500
- Jail: 10 days to 1 year in jail
- License Suspension: 12 months drivers license suspension
- 48 to 120 hours mandatory public service (community service)
- a period of probation for at least 2 years
- alcohol and drug driving safety education/treatment program
- possible alcohol intake monitoring
- Colorado SR22 insurance requirement
THIRD (and subsequent) DWAI - Drunk Driving Conviction - MISDEMEANOR
The penalty for a third DWAI - drunk driving conviction in Colorado:
- Fine: $600 to $1,500 fine
- Surcharge: $100 to $500
- Jail: 60 days to 1 year in jail
- License Suspension: 24 months drivers license suspension
- 48 to 120 hours mandatory public service (community service)
- a period of probation for at least 2 years
- alcohol and drug driving safety education/treatment program
- possible alcohol intake monitoring
- Colorado SR22 insurance requirement
EXPRESS (Implied) consent LAWS
It is an offense to refuse to submit to a chemical test in Colorado and express (implied) consent laws are enforced.
Penalties for refusing to submit to a chemical test in Colorado
In Colorado, if the accused refuses to take a chemical test of their blood, breath or urine, their drivers license will be revoked.
First Chemical Test Refusal
Second Chemical Test Refusal
Third (and subsequent) Chemical Test Refusal
Top of page
Colorado AUTO insurance (High Risk DUI SR22 insurance)
|
Colorado auto insurance quotes
|
Colorado SR-22 auto insurance is usually required for a period of of between 3 months and 3 years after a DUI - drunk driving - alcohol related driving conviction and can be very expensive if you go with the wrong provider. Some insurance companies will not even do an SR22 insurance filing. Get a FREE DUI auto insurance quote and compare rates to find the best deal, simply enter your ZIP code above and you can be comparing prices for Colorado auto insurance in a matter of minutes.
Minimum liability insurance requirements for private passenger vehicles in the state of Colorado
The minimum mandatory liability insurance coverage required in the state of Colorado for private passenger vehicles is (25/50/15). This equates to the following liability coverage:
- $25,000 bodily injury liability (BIL) per person
- $50,000 for two or more people in one accident
- $15,000 property damage liability (PDL) coverage
What is (BIL) Bodily Injury Liability insurance?
(BIL) Bodily Injury Liability insurance coverage will pay for serious and permanent injury or death to other people when a crash is caused by the insured. An auto insurance company will pay for injuries up to the limits specified in an insurance policy and will provide legal representation for the insured in the event someone tries to sue them.
What is (PDL) Property Damage Liability insurance?
(PDL) Property Damage Liability insurance coverage pays for damages an insured driver or members of an insured drivers family cause (and are liable for) to other people's property in a crash involving a motor vehicle. Top of page
FREE DUI / DWI Case evaluation & by local Colorado Lawyer
 |
OR
|
Protect your rights! Talk to a local DUI lawyer
Colorado DUI cases tend to move quickly through the system, and there may be important deadlines that affect your right to assert certain defenses or call witnesses. It’s important that you understand the process your Colorado drunk driving case will follow and the important requirements and deadlines before you take any action—but you can’t afford to delay.
Talk to a local Colorado Drunk Driving Attorney as soon as possible to gather important information such as:
• What penalties do you face if convicted of DUI in Colorado?
• What are the indirect penalties, such as increased insurance rates and diminished job opportunities in Colorado?
• Does Colorado have a mandatory ignition interlock device law?
• Was your breathalyzer or blood alcohol content (BAC) test properly administered in accordance with Colorado laws and procedures ?
• When and how can you get your driver’s license reinstated in Colorado?
It’s easy to make mistakes under pressure, so make sure that you have the information you need to make good, educated decisions during this process. Contact a local Colorado criminal defense attorney specialising in Colorado drunk driving laws today. |
Top of page
Disclaimer: While every effort is made to keep all information up to date, the Colorado drunk driving laws change frequently and the information provided should not be construed as legal advice. Drinkdriving.org shall not be held responsible for any actions a person may take as a result of information gathered from this web site. Consultation with a local Colorado DUI lawyer is recommended in all cases.
Useful Colorado DUI Links:
DUI - Drunk Driving Laws in Colorado
Colorado Drivers Handbook
Colorado SR22 Insurance Requirement
Colorado DMV (Division of Motor Vehicles)
Colorado Department of Transportation
Colorado Courts (the Judicial branch of Colorado)
Colorado Department of Insurance
Colorado DUI Lawyers
Colorado DUI discussion forum
Top of page |
