DUI & DWAI in Colorado

The attorneys at Rights & Liberties Law Firm are experienced DUI and DWAI attorneys in Colorado who defend people charged with alcohol-related driving offenses, including DUI and DWAI.

DUI in Colorado

C.R.S. 42-4-1301 Colorado’s DUI Statute – what it means to be “under the influence”

In Colorado, a person commits DUI if they drive a motor vehicle while under the influence of alcohol or drugs, or both, and the drugs and/or alcohol make the person substantially incapable, either mentally and/or physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a motor vehicle.

DWAI in Colorado

C.R.S. 42-4-1301 Colorado’s DWAI Statute – what it means to be “impaired”

In Colorado, a person commits DWAI if they drive a motor vehicle while impaired by alcohol or drugs, or both, to the slightest degree so that the person is less able than they ordinarily would have been to safely operate a vehicle.

You are affected to the slightest degree if you are less able than you ordinarily would have been, either mentally and/or physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.

Driving under the influence of drugs (DUID) in Colorado

In Colorado, driving under the influence of drugs (commonly referred to as “DUID“) is virtually the same as DUI or DWAI except that the impairment derives from drug intoxication rather than alcohol. The penalties are generally the same as the penalties for the alcohol related driving offenses DUI or DWAI.

One significant difference in DUID cases is that DUID suspects are required to submit to a blood test when a police officer has probable cause to believe that a driver is under the influence of drugs rather than alchol because breath tests are designed to detect alcohol rather than drugs.

You drive under the influence of drugs in Colorado when:

You have consumed one or more drugs or a combination of alcohol and drugs; and

The drugs and/or alcohol make you substantially incapable, either mentally and/or physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a motor vehicle.

What are the Elements of DUI in Colorado?

To prove DUI in Colorado, the prosecution must establish the following elements beyond a reasonable doubt:

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,

What are the Elements of DWAI in Colorado?

To prove DWAI in Colorado, the prosecution must establish the following elements beyond a reasonable doubt:

That the defendant,
in the State of Colorado, at or about the date and place charged,
drove a motor vehicle or vehicle,
while impaired by alcohol or by one or more drugs, or by a combination of alcohol and one or more drugs.

Can you get a DUI or DWAI in Colorado if you weren't actually driving?

For purposes of Colorado’s impaired driving laws, “drive” and “drove” mean to exercise “actual physical control” over a vehicle, even if it’s not actually moving. Under that definition, a person can be convicted of DUI, DWAI, or DUI per se without actually driving a vehicle so long as there is proof that the person had actual physical control over the vehicle.

“Actual physical control” is present when a person exercised bodily influence or direction over a motor vehicle, which is determined by the totality of the circumstances. The factors juries may consider in deciding whether a person was in actual physical control of a motor vehicle include, but are not limited to, the following:

Where the vehicle was found;
Where in the vehicle the person was found;
Whether the keys were in the ignition;
Whether the motor vehicle was running;

The attorneys at Rights & Liberties Law Firm are experienced DUI and DWAI attorneys in Colorado who defend people charged with alcohol-related driving offenses, including DUI and DWAI.

Possible Penalties for DUI & DWAI in Colorado

The possible penalties for DUI and DWAI in Colorado are outlined under C.R.S. 42-4-1307. These penalties can include fines, imprisonment, community service, and mandatory alcohol education or treatment programs. The severity of the penalties depends on factors such as the driver’s blood alcohol content (BAC), prior offenses, and whether the offense involved an accident or injury

Here are the possible penalties for DUI(D) and DWAI in Colorado:

Penalties

Incarceration

Fines

Probation

Community Service

DMV Points

Suspended Sentence

License Revocation

DWAI 1st

2-180 days jail

$200-$500

Up to 2 years

24-28 hours

none

DUI 1st

5-364 days jail * If BAC > .20% 10-364 days jail

$600-$1,000

Up to 2 years

48-96 hours

Up to 364 days

9 months

DUI/DWAI 2nd

10-364 days jail

$600-$1,500

2-4 years

48-120 hours

Up to 364 days

1 year

DUI/DWAI 3rd

60-364 days jail

$600-$1,500

2-4 years

48-120 hours

Up to 364 days

2 years

DUI/DWAI 4th + (felony)

2 to 6 years prison (plus 3 years parole)

$2,000-$500,000

Up to 5 years

Judicial Discretion

2 years

Penalties

DWAI 1st

Incarceration: 2-180 days jail
Fines: $200-$500
Probation: Up to 2 years
Community Service: 24-28 hours
DMV Points: 8
Suspended Sentence: none
License Revocation: none

DUI 1st

Incarceration:5-364 days jail (*If BAC > .20%, 10-364 days jail)
Fines: $600-$1,000
Probation: Up to 2 years
Community Service: 48-96 hours
DMV Points: 12
Suspended Sentence: Up to 364 days
License Revocation: 9 months

DUI/DWAI 2nd

Incarceration: 10-364 days jail
Fines: $600-$1,500
Probation: 2-4 years
Community Service: 48-120 hours
DMV Points: 12
Suspended Sentence: Up to 364 days
License Revocation: 1 year

DUI/DWAI 3rd

Incarceration: 60-364 days jail
Fines: $600-$1,500
Probation: 2-4 years
Community Service: 48-120 hours
DMV Points: 12
Suspended Sentence: Up to 364 days
License Revocation: 2 years

DUI/DWAI 4th + (felony)

Incarceration: 2 to 6 years prison (plus 3 years parole)
Fines: $2,000-$500,000
Probation: Up to 5 years
Community Service: Judicial Discretion
DMV Points: 12
Suspended Sentence: 12
License Revocation: 2 years

Alcohol and Drug Evaluations for Colorado DUIs

All individuals convicted of DUI, DUI per se, or DWAI offenses in Colorado are required to undergo an alcohol and drug evaluation, followed by the completion of any recommended treatment programs. Offenders are typically responsible for covering all associated treatment costs.

License-Related Penalties for a DUI Imposed by the Colorado DMV

Under Colorado’s “expressed consent” law, drivers must submit to breath, blood, saliva, and/or urine testing if there is probable cause to believe they have violated DUI laws.

Refusing Alcohol and Drug Chemical Testing in Colorado

Motorists who refuse to undergo testing face license revocation for a period ranging from one to three years, depending on their prior record. Here is a chart outlining the revocation periods for various DUI offenses:

1st offense

2nd offense

3rd offense

Length of Restraint

12 months

24 months

36 months

Eligible For Probationary Driver License?

Early Reinstatement

On or after mandatory 2 months no driving

1st offense

Length of Restraint: 12 months
Eligible For Probationary Driver License?: No
Early Reinstatement: On or after mandatory 2 months no driving

2nd offense

Length of Restraint: 24 months
Eligible For Probationary Driver License?: No
Early Reinstatement: On or after mandatory 2 months no driving

3rd offense

Length of Restraint: 36 months
Eligible For Probationary Driver License?: No
Early Reinstatement: On or after mandatory 2 months no driving

Reinstating your license after a DUI conviction or Refusal

If you refused to provide a chemical sample for testing, you will be required to have the interlock ignition device for 2 years following reinstatement. You will also be required, in order to reinstate your license at the appropriate time, to provide an Affidavit of Enrollment in a Level II Alcohol/Education program. You may also be required to get an SR22 insurance, an insurance policy rider in which the insurance company guarantees you will keep insurance in effect for a certain period of time. In general, here’s what you need to do to reinstate your license after a DUI or refusal in Colorado:

Must wait at least 2 months from revocation date
Reinstatement Application
Reinstatement Fee: $95 + $25 restoration fee
2 years of interlock following reinstatement
Affidavit of Enrollment in Level II Alcohol Education
SR22

You can learn more about reinstating your license by visiting: Reinstatements | Department of Revenue – Motor Vehicle (colorado.gov) or call 303-205-5613 to speak with DMV Driver Services.

If you had a commercial drivers license at the time of your DUI

If you have a commercial driver license or permit at the time you were stopped, regardless of the type of vehicle you were driving, a first offense is a one year revocation of your commercial privileges, and a second offense is a lifetime disqualification. If you were driving a commercial motor vehicle at the time of offense, and your BAC was between .04 and .079, a first offense is a one year revocation and a second is a lifetime disqualification. By law, there is no probationary driver license or early reinstatement permitted for commercial driving privileges.

Colorado’s Underage Drunk Driving (UDD) Laws

Underage Drunk Driving (UDD) offenses carry both criminal penalties and administrative consequences imposed by the DMV.

Criminal Penalties for Colorado UDD Offenders

For a first offense, it is classified as a class A traffic infraction for individuals under 21 to operate a vehicle with a BAC between .02% and .05%. Subsequent offenses are classified as class 2 traffic misdemeanors. Penalties for a conviction include:

Fines of $100 for a first offense and $150 to $300 for subsequent offenses
Up to 90 days in jail for subsequent offenses
Up to 24 hours of community service
License revocation of three months for a first offense, six months for a second offense, and one year for a third offense

Typically, judges will not impose license revocation if the DMV has already administratively revoked the driver’s license.

Administrative Penalties for Colorado UDD Offenders

According to Colorado’s implied consent law, a BAC of at least .02% but less than .08% is considered a failed test for drivers under 21. The license revocation periods are:

Three months for a first violation
Six months for a second violation
One year for a third or subsequent violation

However, if the BAC is not more than .05%, the underage driver may request a 30-day revocation followed by a two-month suspension. During the suspension period, the driver can obtain a probationary license, which permits driving for employment, education, health, or alcohol and drug education or treatment purposes.

Statute of Limitations for DUI & DWAI in Colorado

In Colorado, the statute of limitations for commencing criminal charges against a person is governed by C.R.S. Section 16-5-401. The statute of limitations for commencing criminal charges for DUI and DWAI in Colorado is as follows:

Felony DUI/DWAI charges must be filed within 3 years. C.R.S. 16-5-401(1)(a.5)
Misdemeanor DUI/DWAI charges must be filed within 18 months. C.R.S. 16-5-401(1)(a.5)

Contact Colorado’s DUI & DWAI Attorneys at Rights & Liberties Law Firm to Fight for You Today

If you’ve been charged with a DUI or DWAI, contact the attorneys at Rights & Liberties Law Firm to vindicate your rights and protect your liberties. If you’re facing criminal charges or fear you may be charged, time is of the essence. Start Your Free Criminal Defense Case Quote. By retaining Rights & Liberties Law Firm you can rest assured that:

The attorneys at Rights & Liberties Law Firm will use experienced investigators and experts to look into the case to get ahead of the police and prosecutors, whether there has already been an arrest or an investigation is ongoing.
The attorneys at Rights & Liberties Law Firm will advocate for you during your bond hearing to get you released from custody on the lowest possible amount of bail or on a personal recognizance bond.
The attorneys at Rights & Liberties Law Firm will litigate all constitutional violations and fight to suppress any evidence illegally seized or obtained by police and investigators in violation of your rights.
The attorneys at Rights & Liberties Law Firm are trial dogs. If you’re prepared to go all the way, so are we. We’ll take your case to the jury and fight with everything we’ve got to secure your acquittal.
The attorneys at Rights & Liberties Law Firm are skilled negotiators. If you’ve made a mistake, we will leave no stone unturned in presenting mitigation to contextualize your circumstances. We will obtain information and prepare a mitigation presentation or report to the prosecutor to present you in your best light and show the state and the judge that despite your mistakes, you’re a dignified human being worthy of leniency and redemption. We will protect you from the overly punitive instincts of the criminal legal system and obtain the best plea bargain possible.
If you’re up against the wall facing serious charges, jail, or prison time, the attorneys at Rights & Liberties Law Firm have your back. From drug distribution and bar fights to sex assaults and homicides, the attorneys at Rights & Liberties Law Firm know that life gets wild and things fall apart. We’ll fight to keep your life together and advocate to ensure that you receive a non-prison sentence, or one which results in the lowest amount of prison time possible.
If you’re wondering why we do this work, we’re in it because we care. At Rights & Liberties Law Firm, we believe that no individual’s crime holds a candle to the injustices meted out by our unusually cruel, overly punitive criminal legal system. At Rights & Liberties Law Firm, we fight for people whose talents, dreams, and lives have been put on hold by a criminal accusation. Let us fight for you.