Understanding Colorado DUI Law and Penalties

Driving under the influence (or DUI) is considered to be an offense in the state of Colorado as in most states across the United States. The Colorado DUI law is particularly harsh on individuals driving while under the influence of alcohol, drugs, or a combination of both.

This condition usually results in impairment of both the mental as well as the physical abilities of the individual, and it puts the life of an ordinary citizen in jeopardy. This is a punishable offense according to Section 42-4-1301(1) (f), Colorado Revised Statutes (C.R.S.).

Blood Alcohol Tests

Blood and breath analyzer tests are widely accepted as per se evidence of drunk driving. A person can be charged with a DUI offense if his blood alcohol concentration level is above 0.08%. However, a person having a BAC level between 0.05% and 0.08% is not allowed to drive undeterred either. A lesser offense of DUI is applicable on individuals who have BAC levels above 0.05%. An individual who shows a high level of BAC surpassing 0.17 is considered to a habitual drunk driver, and they are subjected to greater penalties.

The State of Colorado adheres to the zero tolerance rule for underage DUI offenders. Young individuals, under the legal age of drinking, are convicted of DUI offenses if their blood alcohol concentration levels reach an upper limit of 0.02%.

Implied Consent

Every individual, residing in the State of Colorado, is required to take a breath test and provide samples of blood, saliva, and urine for analysis of alcohol content, under the Colorado DUI laws, if requested by the law enforcement officers. Refusal to take such a test is an offense in itself, and it is punishable by law. Suspension of driving license is almost always imposed in such cases.

Penalties for DUI

The courts of law impose a number of penalties on drivers found to be guilty of violating DUI laws. Hefty monetary fines are coupled with mandatory community service and imprisonment in the county or municipal jail. Both the jail time as well as the amount of the fine differs with the frequency of the DUI offenses.

A DUI offender convicted for the first time is required to pay a fine of $600-$1000, along with serving a jail sentence of a minimum of 5 days, which may go up to a year.

For the second offense, the jail sentence increases appreciably with the minimum being a 70 days of imprisonment. The maximum number of days to be spent in incarceration is usually 1 year in case of drunk driving offenses. 

The third offense entails a maximum of $1500 as fine, and the offender is required to install an ignition interlock device before applying for a license reinstatement.

A few administrative penalties are imposed by the Colorado Department of Revenue, and they consist of suspension or revocation of the driver's license.

The driver's license is usually withdrawn for a period of 90 days in the case of first time DUI offenders.

The second and the third offenses entail a greater period of suspension or revocation. The period can amount to a year for the second offense and up to three years for the third. 

Although the offenders charged with violation of DUI laws can lessen his/her penalties by means of a plea bargain in the court or by agreeing to undergo alcohol or drug treatment, the administrative penalties are applicable in all circumstances as the department has no authority to reduce or waive these penalties.

Ignition Interlock

The Colorado laws necessitate the requirement of installing an ignition interlock in the vehicle of DUI offenders. The motorist or the driver of any other vehicle needs to take to take a breath test before the vehicle starts. The device stops working as soon as a limit of 0.08% is reached.

While the department appoints the vendors to do the installation, all expenditures incurred for the process, including maintenance of the device, has to be borne by the motorist himself/herself. While the installation of the ignition interlock device is optional in some states, there is no alternative in the state of Colorado.

Confiscation of the Vehicle

Vehicles of repeat offenders are usually confiscated by the Department of Motor Vehicles in most states as a form of punishment. Colorado does not endorse the same, and DUI violators and even repeat offenders get to retain their vehicles after being released.

Alcohol and Drugs Assessment Programs

Classes on the ill effects of alcohol or drug abuse are often arranged by the authorities, and every DUI offender is advised to take them on an urgent basis. Enrolling for the programs may also lead to suspension of the sentence and waiving of fees. Proof of enrollment is also required while applying for reinstatement of the driver's license.

Information about DUI Laws

Checking out the laws of the state as well as the various traffic rules and guidance provided by the supervisory authorities is mandatory if you want to stay on the right side of the law. Details of all traffic rules and regulations are provided by the Colorado Division of Motor Vehicles.

While it is possible to report to the division located at 1881 Pierce St., Lakewood, CO 80214 in person, it will be much easier to go through the information by accessing the website of the Department of Motor Vehicles at http://www.colorado.gov/cs/Satellite/Revenue-MV/RMV/1185957917647 .

The department can also be contacted via the telephone at (303) 205-5600.

Reinstatement forms are also available online at http://www.revenue.state.co.us/Reinstatement/. Filling out the form before submission online will allow you to save precious time if your license has been suspended or revoked under the DUI laws of Colorado.

An overview of the DUI laws of the state is also available from the state government’s website at http://www.state.co.us/gov_dir/leg_dir/olls/PDF/COLORADO%20DRUNK%20DRIVING%20LAWS.pdf.

The Traffic Records System is maintained by the National Highway Traffic Safety Administration. It is possible to view data, related to the traffic in the state of Colorado, by accessing the website at http://triprs.nhtsatsis.net/nhtsa/tri/f?p=103:12:2598287633528865.

Details of alcohol related fatalities for Colorado can also be viewed at http://www-nrd.nhtsa.dot.gov/pdf/nrd-30/NCSA/RNotes/2005/809904.pdf.