Colorado Driving Under the Influence Law
In common with many other States, a DUI arrest in Colorado will lead to two cases being brought against the defendant, a criminal case and a Colorado Department of Revenue case. If you have been arrested for DUI in Colorado, you have only 7 days in order to apply for a hearing at the Colorado Department of Revenue in order to retain your driver's license. It is therefore essential that you contact a Colorado DUI lawyer as soon as possible.
Charges for DUI in Colorado can be brought under either, or both, the doctrine of being under the influence of alcohol or drugs whereby the defendant's mental or physical capabilities are impaired, affecting the defendant's ability to drive even in the slightest. The second recourse of action is to Blood Alcohol Concentration, currently set at 0.08%, under which the defendant can be charged regardless of whether or not the person is impaired. This method is based on body chemistry rather than how the vehicle in question was actually being driven. Colorado also maintains the less charge of Driving While Ability Impaired, where the prosecution merely has to prove that the defendant's driving ability was less that usual as a result of the presence of alcohol. To be charged under this offence requires a blood alcohol concentration of 0.05%.
| Conviction | Punishment |
| 1st DWAI | Up to 180 days jail term, fine of up to $500 plus court costs, maximum of 48 hours community service and 8 penalty points on your license. |
| DWAI with BAC greater than 0.2% | Minimum 10 day jail sentence, maximum of 1 year, fine between $500 and $1500 plus court costs, between 60 and 120 hours of community service, 8 penalty points. |
| 2nd DWAI | Jail sentence between 45 days and 1 year, fine between $300 and $1000 plus costs, community service of between 48 and 96 hours, possibly a 1 year revocation of license. |
| DWAI with previous DUI | Up to 1 year in prison, a minimum of 60 days. Fine of between $400 and $1200 plus court costs, community services of between 52 and 104 hours and possible revocation of license for 1 year. |
| 1st DUI | Between 5 days and 1 year in jail, fine between $300 and $1000 plus costs, community service of up to 96 hours (minimum 48), 12 penalty points and suspension of license. |
| DUI with BAC of greater than 0.2% | Jail between 90 days and 1 year, fine between $500 and $1500 plus costs, between 60 and 120 hours of community service, 12 penalty points and suspension of license. |
| DUI with a previous DWAI | Between 70 days and 1 year in jail, fine between $450 and $1000 plus costs, minimum of 56 hours community service up to 112 hours, possible 1 year revocation of license. |
| 2nd DUI | Jail between 90 days and 1 year, fine between $500 and $1500 plus costs, between 60 and 120 hours of community service, possible 1 year revocation of license. |
Further actions:
After 3 convictions, drivers' license is revoked for 2 years.
After 3 convictions in 7 years, license revoked for 5 years.
After a 1 year suspension a further year with an ignition interlock.
Ignition interlock compulsory for one year after a second offense in a 5 year period.
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