Driving under the influence (DUI) in Colorado is no scenic cruise. It’s a legal tightrope walk with severe consequences, not just for your health and safety but also for your wallet, freedom, and future. Navigating the complexities of DUI laws in Colorado can feel like scaling a mountain blindfolded. But understanding the potential penalties, offense types, and defense options is crucial before getting behind the wheel. That’s where our Boulder DUI attorney comes in, your expert guide through this legal labyrinth.
Colorado’s DUI Laws and Regulations
Colorado takes drunk or impaired driving seriously. The state has enacted robust laws and regulations to deter drunk and impaired driving.
Implied Consent Law
By driving in Colorado, you automatically consent to chemical testing (breathalyzer or blood test) if a police officer suspects DUI. A refusal comes at a steep price:
- First refusal—One-year license revocation,
- Second refusal—Two-year license revocation, and
- Third or subsequent refusal—Three-year license revocation.
Additionally, you’ll be required to install an Ignition Interlock Device (IID) for two years after your license is reinstated.
DUI Per Se Law
Colorado’s DUI per se law throws a wide net as a strict liability offense because intent or negligence is irrelevant. With a BAC of 0.08% or higher, you’re presumed to be under the influence, even if you feel fine and drive perfectly. This presumption can be challenged, but it’s a complex hurdle you shouldn’t face alone.
Zero Tolerance Law
For drivers under 21, the stakes are even higher. Any detectable alcohol in their system (BAC of 0.02% or higher) triggers a license revocation—three months for the first offense, six months for the second, and a full year for subsequent offenses. One sip can cost these young drivers their driving privileges.
Persistent Drunk Driver (PPD) Law
This law cracks down on repeat offenders by identifying them as a persistent drunk driver (PDD) if they:
- Have two or more DUI or DWAI convictions,
- Have a BAC of 0.15% or higher,
- Refuse to take a chemical test, or
- Drive while under restraint for an alcohol-related offense.
A PPD is subject to enhanced penalties, such as longer jail time, higher fines, longer license revocation, mandatory attendance at alcohol education and treatment programs, and mandatory ignition interlock device installation.
Understanding Colorado state DUI laws and regulations is crucial for responsible driving. If you find yourself facing a DUI accusation, seek legal counsel immediately.
Colorado’s DUI Offense Types
Colorado recognizes two primary DUI offenses: DUI and DUI per se.
DUI
This hinges on your impairment by alcohol or drugs as determined by officer observations, field sobriety tests, and chemical tests like breathalyzers or blood tests. The prosecution must prove you were impaired to the extent that your ability to drive safely was compromised.
DUI Per Se
This strict liability offense focuses solely on your blood alcohol content (BAC). You can be charged with DUI per se if your BAC is 0.08% or higher, regardless of whether or not your ability to drive was impaired.
A Note About DWAI
Driving While Ability Impaired (DWAI) is a less serious offense than Driving Under the Influence (DUI) in Colorado, but it still carries legal consequences. A DWAI means that the driver’s ability to operate a vehicle safely was reduced by alcohol or drugs, even if they were not legally drunk. The law assumes that a driver is DWAI if their blood alcohol concentration (BAC) is between 0.05% and 0.08%, but other evidence of impairment can also be used to prove a DWAI.
Beyond a DUI: Vehicular Assault and Homicide
Driving under the influence has tragic consequences, and when lives are taken or shattered, the penalties go beyond a simple DUI charge. In Colorado, vehicular assault and vehicular homicide carry significantly heavier fines and prison sentences, reflecting the severity of these offenses.
Vehicular Assault
Vehicular assault occurs when a reckless driver or a driver under the influence causes serious bodily injury to another person. Serious bodily injury is defined as any injury that poses a substantial risk of death, permanent disfigurement, or prolonged impairment of a body part or organ. Vehicular assault is a Class 4 felony, punishable by up to 6 years in prison, a fine, and mandatory parole.
Vehicular Homicide
Vehicular homicide occurs when a driver acts recklessly or drives under the influence of drugs or alcohol—and consequently causes the death of another person. This crime starts as a Class 3 felony and is punishable by up to 12 years in prison, a fine, and 5 years of mandatory parole. Your charge can be upgraded to a Class 2 felony punishable with up to 24 years in prison, a fine of up to $750,000, and 5 years of mandatory parole if you had 2 or more prior DUI convictions.
In both cases, the prosecution must establish that the driver’s impaired or reckless conduct was the proximate cause of the victim’s harm. Established causation requires demonstrating a direct and substantial connection between the driver’s actions and the resulting injury or death.
DUIs are not just traffic violations; they are serious crimes that can have life-altering consequences. If you are facing charges of vehicular assault, vehicular homicide, or DUI in Colorado, an experienced criminal defense attorney can help you understand your rights and options.
DUI Penalties in Colorado
In Colorado, DUI charges carry a hefty price tag, with both criminal and administrative consequences lurking around every corner. While most DUIs are misdemeanors, they can escalate to felonies under certain circumstances with varying penalties from incarceration, public service, and fines.
Colorado DUI administrative penalties are imposed by the Department of Revenue’s Division of Motor Vehicles (DMV) and are separate from criminal penalties enforced by the courts. If you are arrested for DUI, the DMV will likely suspend or revoke your license, and you may have to install an ignition interlock device or complete alcohol or drug treatment.
To help you better understand the penalties, we detail them in the chart below.
DUI Penalties In Colorado
| Offense | Jail Time | Fine | License Suspension | DMV Points | Community or Public Service | Ignition Interlock Device |
| First Misdemeanor DUI | 5 days – 1 year | $600 – $1,000 | 9 months | 12 | up to 96 hours + $120 fee | 3 – 8 months |
| Second Misdemeanor DUI | 10 days – 1 year | $600 – $1,500 | 1 year | 12 | up to 120 hours + $120 fee | 2 years |
| Third Misdemeanor DUI | 60 days – 1 year | $600 – $1,500 | 2 years | 12 | up to 120 hours + $120 fee | 2 years |
| Fourth DUI | Up to 6 years | $2,000 – $500,000 | 2 years | 12 | Up to the court’s discretion | 2 – 5 years |
| DUI (Vehicular Assault) | Up to 6 years | $2,000 – $500,000 | 1 year | 12 | Not Available | indefinite |
| DUI Vehicular Homicide | up to 12 years | $3,000 – $750,000 | 1 year | 12 | Not Available | indefinite |
| BAC of 0.15% or Higher | Up to 6 years | $2,000 – $500,000 | 2 years | 12 | Not Available | Minimum 2 years |
These penalties are general guidelines. Aggravating factors like child passengers, property damage, fleeing the scene, or driving recklessly can significantly increase your penalties. Consulting with an experienced DUI attorney can help you understand your unique situation and figure out the best course of action.
Alternatives to Incarceration for Colorado DUI Convictions
Fortunately, several alternatives to incarceration can help you mitigate DUI penalties in Colorado and address underlying issues. The judge’s discretion and your specific circumstances determine which options are available.
- Probation. With probation, you serve your sentence outside of jail while complying with court-ordered conditions like random drug tests, counseling, travel restrictions, and some of the items listed directly below. Probationary programs aim to guide you toward positive choices and prevent future offenses.
- Substance abuse treatment or rehab. The court may order drug or alcohol treatment or rehab as a condition of your probation or instead of jail time for first-time DUIs. These programs offer medical care and psychological support to help you overcome any substance abuse issues.
- Community service. Called public service in Colorado, this requires you to demonstrate some remorse and responsibility by contributing to the community through unpaid work. You may be assigned tasks like park cleanup, assisting at schools, or volunteering at charities.
- Electronic monitoring with a SCRAM device. This intensive form of house arrest uses an ankle bracelet to monitor your alcohol consumption. It’s often reserved for offenders with a history of alcohol abuse or high BAC levels.
Consulting with an experienced DUI defense attorney can help you understand your options and seek appropriate alternatives.
How to Fight a DUI Charge in Colorado
A DUI charge can have serious consequences for your life and livelihood. That’s why you need a skilled and reputable Colorado DUI lawyer like the ones at The Ferrell Law Firm, PLLC, to protect your rights and interests. A competent DUI lawyer can help you understand your charges, your options, and discuss the possible outcomes so you can make informed decisions about your future.
Don’t Let a DUI Charge Wreck Your Future
A DUI charge can have severe repercussions on your life. Don’t let it ruin your chances of a successful future. The Ferrell Law Firm, PLLC, is your best choice for DUI defense in Colorado.
We have over 20 years of experience in handling DUI cases. We know the ins and outs of Colorado DUI law, and we know how to defend you effectively.
We have a proven history of winning cases for our clients. Our DUI defense attorneys have helped countless people avoid convictions, reduce charges, and minimize penalties. Our firm strives for the best possible outcome for you. As fierce advocates for your rights, we don’t back down from the prosecution’s claims. We challenge them with evidence and the law. Our attorneys are ready to take your case to trial if necessary.
Contact The Ferrell Law Firm today for a FREE consultation. We understand how stressful and overwhelming a DUI charge can be. We’ll walk you through every step of the process with compassion and respect while fighting for your rights and protecting your future.
Michael, founder of The Ferrell Law Firm, PLLC, specializes in criminal defense and personal injury law. With a background in substance abuse treatment, he brings empathy and understanding to his legal practice. A former Deputy District Attorney in Arapahoe County, Michael has extensive experience prosecuting a wide range of criminal cases, including DUIs and domestic violence. His law degree from the University of Denver Sturm College of Law, combined with his hands-on experience in criminal law, positions him as a knowledgeable and effective advocate for his clients’ rights.
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