DUI Laws in Colorado (DUI / DWAI)

Overview

Colorado is unique in distinguishing between two impaired driving offenses: DUI (Driving Under the Influence, BAC 0.08%+) and DWAI (Driving While Ability Impaired, BAC 0.05%-0.079%). DWAI carries lighter penalties but is still a criminal offense that appears on driving and criminal records. Colorado also stands out as the first state to legalize recreational marijuana, and its DUI laws include a 5 ng/mL THC blood-level threshold for permissible inference of impairment. The state has no statutory limit on lookback periods, meaning all prior DUI/DWAI convictions count as priors forever. A fourth lifetime DUI/DWAI is a Class 4 felony, and Colorado's persistent drunk driver (PDD) designation triggers mandatory IID and treatment requirements.

Official term: DUI / DWAI

BAC Limits

Penalties by Offense

Felony threshold: 4th DUI/DWAI offense (lifetime — no lookback limit), OR any DUI/DWAI offense when the offender has 3 or more prior alcohol-related driving convictions (DUI, DWAI, vehicular assault/homicide, or equivalent out-of-state convictions). Lookback period: Lifetime — Colorado has NO lookback period limitation. All prior DUI, DWAI, vehicular assault, and vehicular homicide convictions (including equivalent out-of-state convictions) count as priors for enhancement purposes regardless of how long ago they occurred. This is one of the strictest approaches in the nation..

Additional Penalty Details

Implied Consent Law

Under Colorado's Express Consent law (C.R.S. 42-4-1301.1), any person driving a motor vehicle in Colorado automatically consents to a chemical test of blood or breath when a law enforcement officer has probable cause to believe the person is DUI or DWAI. The officer determines which test is administered. Colorado allows a blood test or breath test (the driver cannot choose). A urine test may be requested if the officer suspects drug impairment.

Refusal penalties: Refusing a chemical test results in an automatic license revocation: 1 year for a first refusal, 2 years for a second refusal, and 3 years for a third or subsequent refusal. No early reinstatement or IID-restricted license is available during the first portion of a refusal revocation. The refusal is designated as a Persistent Drunk Driver (PDD) determination, requiring completion of Level II treatment and IID installation before reinstatement. The refusal can be used as evidence in court. Colorado amended its Express Consent law to allow warrantless blood draws in certain circumstances.

Aggravating Factors

DUI with Injury

Classification: Vehicular Assault: Class 4 Felony (serious bodily injury) or Class 5 Felony (bodily injury). Vehicular Homicide: Class 3 Felony.

Vehicular assault causing serious bodily injury (Class 4 Felony): 2 to 6 years in prison, 3 years mandatory parole, fines up to $500,000, mandatory license revocation, and restitution. Vehicular assault causing bodily injury (Class 5 Felony): 1 to 3 years in prison. Vehicular homicide (Class 3 Felony): 4 to 12 years in prison, 5 years mandatory parole, fines up to $750,000, permanent license revocation, and restitution. These are heat-of-passion/strict-liability offenses — no intent to injure is required.

Underage DUI

Drivers under 21 with a BAC of 0.02% to 0.049% face an UDD (Underage Drinking and Driving) infraction: 3-month license revocation, mandatory substance abuse evaluation, up to 24 hours of useful public service, and a fine up to $150. A BAC of 0.05%-0.079% results in DWAI charges with adult penalties. A BAC of 0.08% or higher results in full DUI charges with adult penalties plus the underage provisions. All violations create a Persistent Drunk Driver designation for the underage driver, requiring Level II treatment and IID before license reinstatement. Second UDD offense results in a 6-month revocation.

Diversion Programs

Program: DUI Diversion (limited) / DUI Courts

Colorado does not have a statewide DUI diversion program for first-time offenders in the traditional sense. However, some judicial districts offer deferred sentencing, where the court delays imposing a sentence while the defendant completes treatment and other conditions. If successful, the charge may be dismissed or reduced. Colorado also operates DUI Courts (problem-solving courts) in several judicial districts for repeat offenders, providing intensive supervision, treatment, and accountability over 12-24 months. Denver's DUI Court is one of the most established programs in the state.

Eligibility: Deferred sentencing: generally at the prosecutor's and judge's discretion; most commonly offered for first-offense DWAI or DUI with low BAC and no aggravating factors. DUI Court: available for repeat DUI/DWAI offenders (typically second offense or higher) with documented substance abuse issues. Not available for vehicular assault or vehicular homicide cases. Availability varies by judicial district.

How Long a DUI Stays on Your Record

A DUI/DWAI conviction remains on your Colorado criminal record permanently. Colorado allows record sealing for certain offenses, but DUI and DWAI convictions under C.R.S. 42-4-1301 are specifically excluded from sealing eligibility. The conviction remains on your DMV driving record indefinitely as well. Because Colorado has a lifetime lookback period, every DUI/DWAI conviction on your record counts as a prior for enhancement purposes — there is no point at which old convictions 'age out.' This makes Colorado one of the strictest states for repeat DUI offenders.

Key Statutes

C.R.S. 42-4-1301

Primary DUI/DWAI statute — defines DUI (BAC 0.08%+) and DWAI (BAC 0.05%-0.079%); establishes penalties, mandatory minimums, and Persistent Drunk Driver designation criteria

C.R.S. 42-4-1301.1

Express Consent (implied consent) law — establishes consent to chemical testing, officer's authority to determine test type, and penalties for refusal

C.R.S. 42-2-132.5

Persistent Drunk Driver (PDD) provisions — defines PDD criteria (BAC 0.15%+, refusal, two or more alcohol offenses), mandatory Level II treatment, and IID requirements

C.R.S. 18-3-205

Vehicular assault statute — Class 4 or 5 Felony for causing bodily injury while DUI/DWAI; establishes prison sentences and mandatory parole

C.R.S. 18-3-106

Vehicular homicide statute — Class 3 Felony for causing death while DUI/DWAI; establishes prison sentences of 4-12 years and mandatory parole

Related

DUI license recovery in Colorado →