Understanding Colorado DUI Laws: What Every Driver Needs to Know

Understanding Colorado DUI Laws: What Every Driver Needs to Know

Driving under the influence (DUI) is a serious offense in Colorado, and the state has stringent laws and penalties in place to deter impaired driving. Understanding these laws is crucial for every driver in Colorado to avoid severe legal consequences and to ensure public safety. This article will provide a comprehensive overview of Colorado DUI laws, including legal limits, penalties, and essential information for drivers.

Legal Blood Alcohol Concentration (BAC) Limits

In Colorado, the legal blood alcohol concentration (BAC) limit for drivers aged 21 and over is 0.08%. For commercial drivers, the limit is lower, set at 0.04%. Drivers under the age of 21 are subject to a zero-tolerance policy, meaning any detectable amount of alcohol (BAC of 0.02% or higher) can result in DUI charges.

DUI and DWAI: Understanding the Difference

Colorado recognizes two types of alcohol-related driving offenses:

1. Driving Under the Influence (DUI): This charge applies when a driver has a BAC of 0.08% or higher or is substantially incapable of safely operating a vehicle due to alcohol, drugs, or a combination of both.
2. Driving While Ability Impaired (DWAI): This charge applies when a driver’s BAC is between 0.05% and 0.079% or when their ability to drive is impaired to the slightest degree due to alcohol, drugs, or both.

Marijuana and Other Drugs

Colorado’s legalization of recreational marijuana does not exempt drivers from DUI laws. The legal limit for THC, the psychoactive component in marijuana, is 5 nanograms per milliliter of blood. However, drivers can be charged with DUI if they are found to be impaired by any drug, regardless of the substance.

Penalties for DUI and DWAI

The penalties for DUI and DWAI offenses in Colorado are severe and escalate with repeated offenses. Here’s a breakdown of the penalties:

First Offense

DUI:

• Jail time: 5 days to 1 year
• Fines: $600 to $1,000
• License suspension: 9 months
• Community service: 48 to 96 hours
• Alcohol education classes

DWAI:

• Jail time: 2 to 180 days
• Fines: $200 to $500
• License suspension: None (8 points added to the driving record)
• Community service: 24 to 48 hours
• Alcohol education classes
• Second Offense

DUI:

• Jail time: 10 days to 1 year (mandatory minimum 10 days)
• Fines: $600 to $1,500
• License suspension: 1 year
• Community service: 48 to 120 hours
• Alcohol education and treatment

DWAI:

• Jail time: 10 days to 1 year (mandatory minimum 10 days)
• Fines: $600 to $1,500
• License suspension: 1 year
• Community service: 48 to 120 hours
• Alcohol education and treatment

Third Offense

DUI:

• Jail time: 60 days to 1 year (mandatory minimum 60 days)
• Fines: $600 to $1,500
• License suspension: 2 years
• Community service: 48 to 120 hours
• Alcohol education and treatment

DWAI:

• Jail time: 60 days to 1 year (mandatory minimum 60 days)

• Fines: $600 to $1,500

• License suspension: 2 years

• Community service: 48 to 120 hours

• Alcohol education and treatment

Felony DUI

A fourth DUI offense or any DUI involving serious bodily injury or death is classified as a felony. Penalties can include:

• State prison time: 2 to 6 years
• Fines: $2,000 to $500,000
• License suspension: 2 years or longer
• Extended probation and community service

Implied Consent Law

Colorado operates under an implied consent law, meaning that by driving in the state, you automatically consent to chemical testing (breath, blood, or urine) if an officer suspects you of DUI. Refusal to take the test can result in an automatic license suspension:

• First refusal: 1-year suspension
• Second refusal: 2-year suspension
• Third refusal: 3-year suspension
• Refusal can also be used as evidence against you in court.

Ignition Interlock Devices

Colorado requires the installation of an ignition interlock device (IID) for certain DUI offenders. An IID is a breathalyzer for your vehicle, requiring you to provide a breath sample before the car will start. Offenders may be required to use an IID for:

• First offense: 8 months (if BAC was 0.15% or higher)
• Second offense: 2 years
• Third offense: 2 years

SR-22 Insurance

After a DUI conviction, you may be required to obtain SR-22 insurance, a form of high-risk auto insurance. This can lead to significantly higher premiums and is typically required for at least three years.

Reinstating Your License

After a suspension period, you can apply to reinstate your driver’s license. The process typically includes:

• Completing an alcohol education and treatment program
• Paying a reinstatement fee
• Providing proof of insurance (SR-22)
• Installing an IID, if required

DUI Diversion and Treatment Programs

Colorado offers DUI diversion programs for eligible first-time offenders. These programs involve a combination of education, treatment, and monitoring. Successfully completing a diversion program can result in reduced penalties or even dismissal of charges.

Legal Representation

Given the complexities of DUI laws and the severe penalties involved, it is highly advisable to seek legal representation if you are charged with a DUI. An experienced Denver DUI attorney can help navigate the legal process, potentially reduce penalties, and ensure your rights are protected.

Preventing DUI

The best way to avoid a DUI is to not drive while impaired. Utilize alternative transportation options such as taxis, ride-sharing services, or designated drivers. Many communities also offer sober ride programs during holidays and major events.

Understanding Colorado DUI laws is essential for every driver in the state. The legal limits, penalties, and associated consequences highlight the seriousness with which Colorado treats impaired driving. By staying informed and making responsible choices, drivers can help keep the roads safe and avoid the life-altering consequences of a DUI conviction.