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Colorado DUI Laws

Colorado DUI laws. Drunk driving in the state of Colorado.

Colorado DUI Laws


Most states have implied consent laws in conjunction with their DUI laws. In Colorado, the implied consent law is called the express consent law and goes into affect the minute you drive a motorized vehicle on Colorado Roads. In Colorado, the express consent law is in effect for any person or persons, resident or nonresident, who operates a motorized vehicle in Colorado. You automatically forfeit the right to refuse a blood, urine, or breathe test for alcohol or other controlled substances while in control of a motorized vehicle when you drive in Colorado. The first time you refuse to cooperate with an officer of the law, your driver’s license will be revoked for one year. The second refusal will result in a 2 year suspension of your license. After you have served one year of your suspension, you will be required to install an Ignition Interlock Device (IID) on your car in order to get your license reinstated. The third refusal will result in a 3 year license suspension with the IID installed on your car after you have served 1 year of your suspended license.

Colorado puts individuals arrested for DUI or DWAI through two court procedures. Offenders will be tried in a criminal case and a separate DUI driver’s license case. The criminal case will deal with jail time to be served, mandatory alcohol education classes, fines, mandatory Ignition Interlock Device. The administrative procedures will deal with driver’s license suspension.

BAC Levels


There are two levels of DUI convictions in the state of Colorado. A Driving While Ability Impaired (DWAI) is applied to a driver with a Blood Alcohol Content (BAC) between 0.05 and 0.07. This is the less extensive conviction but it still has penalties attached to it. Anyone who has blood alcohol content (BAC) of .08% or above is will receive a DUI in the state of Colorado. Since Colorado uses the Per Se law, there is no other proof needed to convict you for a DWAI or a DUI. Under age drinkers fall under the zero tolerance law. Anyone under the age or 21 will be charge with a DUI if their BAC is above 0.0%, for example, 0.01% to 0.02%.

A BAC of .17% or more puts you into the enhanced penalties. This means the fines and penalties will double. These penalties may include more jail time and more severe driver’s license suspensions. DUI penalties will also be increased when an accident occurs which involves injuries or deaths due to drunk driving.

Repetitive DUI’s will result in harsher fines and penalties. Administrative License suspension or revocation is the loss of your license when the BAC is above state set limits or if you refuse to take any of the chemical tests for intoxication. The Department of Motor Vehicles will be responsible for the loss of license separate from the criminal trial. A second penalty may involve Mandatory Alcohol Education or treatment. You will be required to complete a program as part of your probation or suspended sentence. By taking the classes, you may be able to avoid jail time and extensive fines. You may loose your vehicle either permanently or for a specified length of time. This penalty is usually a consequence for repeat offenders. You may also be required to put the Ignition Interlock Device (IID) on your vehicle at your own expense. This device will not allow you to operate your car with more than minimal alcohol content (.02) on your breath.

Penalties


The penalties for a DWAI or a DUI will be imposed for an under age driver with a BAC of 0.02 or above or if they are caught with alcohol or other illegal substance in their vehicle. A DWAI will result in a $100.00 to $500.00 fine, eight points being added to your driving record, and 24 to 48 hours of community service. A second DWAI will result in $300.00 to $1,000.00 in fines, 45 days to one year in jail, and 48 to 96 hours of community service. In addition to these penalties, as well any DUI charge, you will have to pay additional court costs and penalty surcharges up to $500.00 plus other fees such as the Crime Victim Compensation Fund. If you are involved in an accident, you may be charged with vehicular assault for any injuries which result from that accident. If someone is killed in that accident, the charge becomes vehicular homicide

The first DWAI will result in 48 hours to 180 days in jail time. Your license will not be suspended but you will be fined from $200.00 to $500.00. Your driving record will accumulate 8 points and your will have to perform 24 to 48 hours of public service.

The second DWAI will result in 90 days to one year in jail. Your fines will amount to $1,000.00 to $1,500.00 and your license will be suspended for one year. Twelve points will be added to your driving record, and you will have to perform 60 to 120 hours of public service.

The third DWAI will result in 45 days to one year in jail. Your fines will amount to $600.00 to $1,000.00 and your license will be suspended for tow year. Eight points will be added to your driving record, and you will have to perform 48 to 96 hours of public service.

The first DUI will result in 5 days to one year in jail. Your license will be suspended for 9 months and you will be fined from $600.00 to $1,000.00. Your driving record will accumulate 12 points and your will have to perform 48 to 96 hours of public service. The jail time may be suspended if you participate in an Alcohol Treatment Program.

The second DUI within 5 years of the previous DUI will result in 90 days to one year in jail. Your license will be suspended for 1 year and you will be fined from $1,000.00 to $1,500.00. Your driving record will accumulate 12 points and your will have to perform 60 to 120 hours of public service. In order to get your license reinstated you will have to install an IID.

The third DUI within 5 years of the previous DUI will result in 70 days to one year in jail. Your license will be suspended for 2 years and you will be fined from $900.00 to $1,500.00. Your driving record will accumulate 12 points and your will have to perform 56 to 112 hours of public service. In order to get your license reinstated you will have to install an IID.

If you receive a DWAI with a previous DUI, it will result in 60 days to one year in jail. You will be fined from $800.00 to $1,200.00, and you will have to perform 52 to 104 hours of public service.

If you receive a DUI with a previous DWAI, it will result in 70 days to one year in jail. You will be fined from $900.00 to $1,500.00 and you will have to perform 56 to 112 hours of public service.