DUI Laws in Colorado

Laws and penalties for DUI in Colorado.

Related Ads

Need Professional Help? Talk to a Lawyer

Enter Your Zip Code to Connect with a Lawyer Serving Your Area

searchbox small

In Colorado, you can get a DUI if you drive with a blood alcohol concentration (BAC) of 0.08% or higher, regardless of whether your driving ability was actually impaired. And the law in Colorado says that if you are driving a vehicle, you have given consent to submit to a chemical test for the purpose of determining the amount of alcohol in your blood. Here are some details on the consequences of refusing to take a chemical test in Colorado and other details about Colorado DUI law.

In Colorado, what are the consequences of refusing to take a chemical test (usually a breathalyzer or blood test) when suspected of DUI?

Here are the consequences for not taking a breathalyzer or blood test in Colorado, broken out by whether this is your first, second, or third offense:

1st offense

2nd offense

3rd offense

1 year revocation of license

2 year revocation of license

2 year revocation of license

In Colorado, when do police have to measure your blood alcohol content (BAC)?

In Colorado, law enforcement officers are supposed to measure your BAC within 2 hours of driving. However, prosecutors may be able to prove your culpability for DUI even if your BAC is taken later than this time.

What is the maximum BAC for drivers under 21 in Colorado?

In Colorado, the maximum blood alcohol content (BAC) for drivers who are under 21 (considered minors under some drinking and driving laws) is .02%. If the driver's BAC is between .02% and .05%, the driver can be convicted of a Class A traffic infraction and be sentenced to 24 hours community service and/or ordered to attend alcohol treatment classes.

What are the minimum jail times for a DUI in Colorado?

Here are the minimum jail times for a DUI in Colorado, broken out by whether this is your first, second, or third offense:

1st offense

2nd offense

3rd offense

5 days jail (for DUI), or 2 days jail (for DWAI - Driving While Ability Impaired, which is a lower standard than driving under the influence)

If second conviction is for DUI: 10 days jail (if previous conviction was for DUI), or 7 days jail (if previous conviction was for DWAI) If second conviction is for DWAI: 6 days jail (if previous conviction was for DUI), or 5 days jail (if previous conviction was for DWAI)

No statutory minimum

How long will prior DUI convictions remain relevant for sentencing purposes in Colorado?

In Colorado, prior DUI convictions stay on your record (and can be counted against you when you are being sentenced for another DUI offense) for good.

Can a DUI be “pleaded down” to a "wet reckless" in Colorado?

A defendant might receive a "wet reckless," or a conviction of reckless driving involving alcohol, as a result of a plea bargain in which a charge of drunk driving is reduced to a case of reckless driving. There is no statutory provision on whether a wet reckless plea bargain will be accepted in your state, but it's possible a lawyer may be able to create a plea bargain for you.

If you are interested in contacting a lawyer, you can find a DUI lawyer in your area in Nolo's Lawyer Directory.

Are ignition interlock devices (IIDs) required for convicted DUI offenders in Colorado?

Yes, for a second conviction of DUI, or for a first conviction of DUI if the BAC is .17% or greater.

Where can I get more information about DUI laws in Colorado?

Nolo's DUI/DWI topic has many helpful articles, including a Drunk Driving, DUI, and DWI FAQ. For more help after a DUI arrest, see Nolo's Colorado DUI Lawyer Directory, where you can view in-depth profiles of Colorado DUI attorneys in your area.

Last updated on 09/01/2010.

Talk to a DUI Lawyer

Start here to find lawyers near you.
HOW IT WORKS
how it works 1
Briefly tell us about your case
how it works 2
Provide your contact information
how it works 1
Choose attorneys to contact you
LA-NOLO1:DRU.1.6.2.20140813.27175