• State Penal Code – CRS 42-4-1301
• Open Container Laws – Yes
• Repeat Offender Laws – Yes
• Check Points – Yes – once or twice a month
• Alcohol Exclusion Laws Limiting Treatment – None

There are four main factors that determine the severity of the penalties incurred:

1. The age of the driver
2. The substance impairing you. This may be drugs, or alcohol, or both
3. The category of your driver’s license (Restricted, CDL)
4. Whether you refused a chemical test

– Every state has some version of the “Implied Consent” law

– This law carries serious consequences for refusing a chemical test

– The penalties for refusing a chemical test in Colorado are:

1st Refusal

• 1 year day license suspension

2nd Refusal

• 2 year license suspension

3rd Refusal

• 3 year license suspension

• Colorado has a lifetime lookback period
• Any prior conviction for DUI/DWI can be factored in when determining penalties

•  Drivers under 21 with a BAC of .02% or more will be charged with DUI/DWI
•  A BAC of .05% and above will result in the same penalties as drivers 21 and over

• A BAC between .02% and .05% will result in a 3 month driver’s license suspension, and community service for a length of time at the discretion of the judge.
• A second offense with a BAC .02% and .05% will result in a 6 month driver’s license suspension, and community service at the discretion of the judge.

– The penalties for a BAC of .05% and above for a driver under 21 are significantly harsher and include:

1st Offense

• 9 month suspension of driver’s license

• $600 – $1000 fine

• Prison (5 day minimum, 1 year maximum)

2nd Offense

• 1 year license suspension

• $1100 – $1500 fine

• Prison (48 hour minimum, 6 month maximum)

• In Colorado, an Aggravated DUI charge is significant only because it adds a mandatory Ignition Interlock Device requirement in addition to the regular DUI penalties.
• Colorado has separate penalty categories for DUI and DWAI. A normal DUI is a BAC of 08%, and a DWAI is typically between .05% to .08%.
• A DWAI may also be charged as a result of drug use depending on the results of a chemical test. Accordingly, a charge of DWAI carries less severe penalties.

DWAI penalties include:

1st Offense (DWAI)

• $200 – $500 fine

• Prison (2 day minimum, 6 month maximum)

• Community service (24-48 hours)

2nd Offense (DWAI)

• 1 year license suspension
• $600 – $1500 fine

• Prison (10 day minimum, 1 year maximum)

• Community service (48-120 hours)

• In Colorado, an Aggravated DUI charge is significant only because it adds a mandatory Ignition Interlock Device requirement in addition to the regular DUI penalties.
• Colorado has separate penalty categories for DUI and DWAI. A normal DUI is a BAC of 08%, and a DWAI is typically between .05% to .08%.
• A DWAI may also be charged as a result of drug use depending on the results of a chemical test. Accordingly, a charge of DWAI carries less severe penalties.

– DUI penalties include:

1st Offense (DUI)

• 9 month license suspension
• $600 – $1000 fine

• Prison (5 day minimum, 1 year maximum)

• Community service (48-96 hours)

2nd Offense (DUI)

• 1 year license suspension
• $600 – $1500 fine

• Prison (10 day minimum, 1 year maximum)

• Community service (48-120 hours)

• Colorado law contains a unique statute in regard to drivers under 21 years of age. This is called the “Buy and Possess” law.
• Should a driver under the age of 21 be caught with alcohol in the vehicle, their license will be revoked immediately.

• Colorado is unique also in respect to its “Implied Consent” law.
• It automatically adds a “Persistent Drunk Driver” tag to any offender refusing to consent to a chemical test, regardless of whether it is their first offense.
• This designation is highly damaging to your driving record and ultimately results in greatly increased penalties as well.

• Those with a commercial driver’s license (CDL) are held to a stricter standard.
• Accordingly, their BAC threshold is significantly lower (0.04%), and the penalties incurred are often much more severe.
• Your CDL will be revoked for 1 year should you be arrested for DUI/DWAI.
• Any subsequent arrest for DUI/DWAI will result in a permanent revocation of your CDL.

• SR-22 Insurance is a requirement in many states as a condition of restoring your driving privileges
• Most, but not all states have SR-22 statutes
• In Colorado an SR-22 must be filed with the Department of Motor Vehicles (DMV) before your driving privileges can be restored
• You must maintain your SR-22 for a period of 3 years following the restoration of your driving privileges
• Should you lapse at any point, your insurance company will inform the DMV and your license will be revoked

• Wet Reckless is a general term that refers to a plea bargain that may reduce the severity of the charge against you
• Colorado does allow for plea bargains in DUI/DWI cases
• It can only be pleaded down to reckless driving
• This allows you to avoid a criminal record
• Any subsequent DUI/DWI arrests within the look-back period will reverse the original plea bargain
• The reckless driving will revert back to a full DUI/DWI conviction and lead to enhanced penalties in this case
• This plea bargain is typically only allowed for first time offenders with no aggravating factors involved