Colorado DUI Laws
Drunk driving laws in Colorado are similar to other DUI laws in the United States, except Colorado has an additional charge known as Driving While Ability Impaired (DWAI). Driving While Ability Impaired is defined as driving a vehicle after consuming alcohol, drug(s), or a combination of both, that affects a person's ability to safely operate a motor vehicle, exercise clear judgment, or lose sufficient physical control while driving. If you exhibit any of these behaviors while driving you risk being pulled over and arrested.
In Colorado, when you are pulled over for suspected impaired driving, the officer will use his/her best judgment to determine if you are under the influence. If you fail to cooperate with a chemical test an officer requests during an alcohol or drug-related DUI arrest then your driver's license will most likely be revoked. A roadside breath test (RBT) or a test at a detox facility does not satisfy the requirements since neither are accurate and will be seen as a failure to cooperate with the law.
Once it's determined you are indeed intoxicated and in violation of Colorado DUI laws then the arresting officer will initiate two separate proceedings against you. You will have a criminal charge known as a “Uniform Summons and Complaint” which will be sent to the County Court system. There will then be a criminal record in your name. The other charge is known as the “Express Consent Affidavit and Notice of Revocation” which is served on behalf of the Colorado Department of Revenue, Division of Motor Vehicles (DMV). This charge is serious and could go against you're driving record or result in the loss of your driver's license.
Criminal penalties for a DUI or any alcohol or drug-related driving arrest in Colorado can result in fines, inarceration, public service, probation, and/or education and treatment rehabilitation as issued by the County Court system. It’s important to keep in mind that the outcome of a criminal filing has no bearing on the administrative license hearing at the DMV. Each proceeding is completely independent of the other. The DMV goes by it's own set of regulations to adhere to that will effect the status of your driver's license. You should contact the DMV if you have had a DUI and don't know the status of your license.
Colorado Express Consent Law
Colorado's Express Consent Law is similar to other states. Basically it means that as a driver in Colorado you automatically agree to take a chemical test of your breath, urine and blood if suspected of impaired driving. If you refuse such a test it's seen as an admission of guilt and your drivers license can be revoked for a period of 1 year.
A second chemical test refusal will result in a 2 year license suspensions. After 1 year of the 2 years is served, you may become eligible for an ignition interlock device and a restricted license. A third refusal suspends your license for 3 years. You can request a restricted license after 1 year with an ignition interlock device installed in your vehicle.
Interlock Ignition Device
If you've been convicted of a drunk driving offense, once your license is reinstated an ignition interlock device (IID) may be mandatory and installed in your vehicle in order for you to drive. An ignition interlock device is a mechanism, like a breathalyzer, installed on a motor vehicle's dashboard which prohibits the vehicle from starting until the driver exhales into the device to measure their BAC. If the breath-alcohol concentration analyzed is greater than the accepted blood alcohol concentration the device prevents the engine from being started.
As of January 1, 2014 there have been new guidelines for the Ignition Interlock System. A mandatory ignition interlock system is required for citizens who have been revoked with a BAC (Blood Alcohol Content) of 0.15 or greater, who have been revoked for two or more DUI / DWAI convictions, or have been revoked because they refused testing when requested by the arresting officer. The device will be installed in each vehicle owned or is driven by you. You will be given an interlock restricted license for a minimum of two years by the DMV.
The way an ignition interlock system works is it interrupts the signal from the ignition to the starter until a valid breath sample is provided by the driver. At random times after the engine has been started, the IID will require additional breath samples. This prevents someone else from providing a sample for the offender and ensures accurate readings.
Whatever the results, the ignition interlock device will log the readings for reference and be used in court if you violate the system. If your BAC is not within legal guidelines, the device will sound an alarm until the ignition is turned off or a clean breath sample has been provided. A common misconception is that interlock devices will automatically kill the engine if alcohol is detected. That is simply not true for it would create an unsafe driving situation. The best thing to do it pull over and stop the car as soon as possible if your vehicle records a positive BAC.
How many drinks can I have before I risk being convicted of a DWAI in Colorado?
The answer to that isn't a clear one. A person's age, weight, gender, what they've eaten, and time passed after consuming the alcohol all play a factor in blood alcohol levels. What makes one person legally drunk, isn't always the case with another individual or the same person on another day. Be aware, since you can be convicted of a DWAI for a BAC as little as .05% that means it takes very little alcohol to be considered legally drunk in Colorado.
Is a DWAI in Colorado a criminal charge?
Yes, a DWAI is considered a criminal misdemeanor. Although DWAI penalties are not as hefty as the penalties associated with a DUI. The punishment could come in the form of monetary fines, prison time, or both depending on the circumstances. In addition, your license may be suspended and eight points will be added to your driving record which increases your insurance premium. Being convicted of a DWAI will count against you if you are convicted of subsequent drunk driving offenses and any penalties will be harsher since you are a repeat offender. Also of note, a DWAI charge can show up on a criminal or background check.
Drunk driving laws in Colorado are similar to other DUI laws in the United States, except Colorado has an additional charge known as Driving While Ability Impaired (DWAI). Driving While Ability Impaired is defined as driving a vehicle after consuming alcohol, drug(s), or a combination of both, that affects a person's ability to safely operate a motor vehicle, exercise clear judgment, or lose sufficient physical control while driving. If you exhibit any of these behaviors while driving you risk being pulled over and arrested.
In Colorado, when you are pulled over for suspected impaired driving, the officer will use his/her best judgment to determine if you are under the influence. If you fail to cooperate with a chemical test an officer requests during an alcohol or drug-related DUI arrest then your driver's license will most likely be revoked. A roadside breath test (RBT) or a test at a detox facility does not satisfy the requirements since neither are accurate and will be seen as a failure to cooperate with the law.
Once it's determined you are indeed intoxicated and in violation of Colorado DUI laws then the arresting officer will initiate two separate proceedings against you. You will have a criminal charge known as a “Uniform Summons and Complaint” which will be sent to the County Court system. There will then be a criminal record in your name. The other charge is known as the “Express Consent Affidavit and Notice of Revocation” which is served on behalf of the Colorado Department of Revenue, Division of Motor Vehicles (DMV). This charge is serious and could go against you're driving record or result in the loss of your driver's license.
Criminal penalties for a DUI or any alcohol or drug-related driving arrest in Colorado can result in fines, inarceration, public service, probation, and/or education and treatment rehabilitation as issued by the County Court system. It’s important to keep in mind that the outcome of a criminal filing has no bearing on the administrative license hearing at the DMV. Each proceeding is completely independent of the other. The DMV goes by it's own set of regulations to adhere to that will effect the status of your driver's license. You should contact the DMV if you have had a DUI and don't know the status of your license.
Colorado Express Consent Law
Colorado's Express Consent Law is similar to other states. Basically it means that as a driver in Colorado you automatically agree to take a chemical test of your breath, urine and blood if suspected of impaired driving. If you refuse such a test it's seen as an admission of guilt and your drivers license can be revoked for a period of 1 year.
A second chemical test refusal will result in a 2 year license suspensions. After 1 year of the 2 years is served, you may become eligible for an ignition interlock device and a restricted license. A third refusal suspends your license for 3 years. You can request a restricted license after 1 year with an ignition interlock device installed in your vehicle.
Interlock Ignition Device
If you've been convicted of a drunk driving offense, once your license is reinstated an ignition interlock device (IID) may be mandatory and installed in your vehicle in order for you to drive. An ignition interlock device is a mechanism, like a breathalyzer, installed on a motor vehicle's dashboard which prohibits the vehicle from starting until the driver exhales into the device to measure their BAC. If the breath-alcohol concentration analyzed is greater than the accepted blood alcohol concentration the device prevents the engine from being started.
As of January 1, 2014 there have been new guidelines for the Ignition Interlock System. A mandatory ignition interlock system is required for citizens who have been revoked with a BAC (Blood Alcohol Content) of 0.15 or greater, who have been revoked for two or more DUI / DWAI convictions, or have been revoked because they refused testing when requested by the arresting officer. The device will be installed in each vehicle owned or is driven by you. You will be given an interlock restricted license for a minimum of two years by the DMV.
The way an ignition interlock system works is it interrupts the signal from the ignition to the starter until a valid breath sample is provided by the driver. At random times after the engine has been started, the IID will require additional breath samples. This prevents someone else from providing a sample for the offender and ensures accurate readings.
Whatever the results, the ignition interlock device will log the readings for reference and be used in court if you violate the system. If your BAC is not within legal guidelines, the device will sound an alarm until the ignition is turned off or a clean breath sample has been provided. A common misconception is that interlock devices will automatically kill the engine if alcohol is detected. That is simply not true for it would create an unsafe driving situation. The best thing to do it pull over and stop the car as soon as possible if your vehicle records a positive BAC.
How many drinks can I have before I risk being convicted of a DWAI in Colorado?
The answer to that isn't a clear one. A person's age, weight, gender, what they've eaten, and time passed after consuming the alcohol all play a factor in blood alcohol levels. What makes one person legally drunk, isn't always the case with another individual or the same person on another day. Be aware, since you can be convicted of a DWAI for a BAC as little as .05% that means it takes very little alcohol to be considered legally drunk in Colorado.
Is a DWAI in Colorado a criminal charge?
Yes, a DWAI is considered a criminal misdemeanor. Although DWAI penalties are not as hefty as the penalties associated with a DUI. The punishment could come in the form of monetary fines, prison time, or both depending on the circumstances. In addition, your license may be suspended and eight points will be added to your driving record which increases your insurance premium. Being convicted of a DWAI will count against you if you are convicted of subsequent drunk driving offenses and any penalties will be harsher since you are a repeat offender. Also of note, a DWAI charge can show up on a criminal or background check.
What's the Difference between a DUI
and DWAI in Colorado
and DWAI in Colorado
How the Ignition Interlock System Works
Drunk Driving Offenses in Colorado
To be convicted of a DWAI your BAC can be as little as .05% to just under .08%. A DWAI charge in Colorado makes it illegal to drive with a lower blood alcohol concentration level than most states where conviction starts at a BAC of .08%.
• DUI (Driving Under the Influence)
BAC of .08% or higher
• DWAI (Driving While Ability Impaired)
BAC of .05% BAC or higher (but less than .08% BAC)
A first drunk driving offense in Colorado can result in fines between $300 and $1000, 5 days to 1 year in prison in addition to mandatory public service and your license being revoked for up to 1 year.
Penalties for the First DWAI
• Jail time between 2 days and 180 days.
• Fines - $200 to $500.
• Community service - 24 to 48 hours.
• Loss of your driver's license.
• Mandatory drug or alcohol counseling.
To be convicted of a DWAI your BAC can be as little as .05% to just under .08%. A DWAI charge in Colorado makes it illegal to drive with a lower blood alcohol concentration level than most states where conviction starts at a BAC of .08%.
• DUI (Driving Under the Influence)
BAC of .08% or higher
• DWAI (Driving While Ability Impaired)
BAC of .05% BAC or higher (but less than .08% BAC)
A first drunk driving offense in Colorado can result in fines between $300 and $1000, 5 days to 1 year in prison in addition to mandatory public service and your license being revoked for up to 1 year.
Penalties for the First DWAI
• Jail time between 2 days and 180 days.
• Fines - $200 to $500.
• Community service - 24 to 48 hours.
• Loss of your driver's license.
• Mandatory drug or alcohol counseling.
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