A DUI applies at a blood alcohol content of 0.08 or above, or whenever alcohol or drugs substantially affect your driving. A DWAI, driving while ability impaired, is a lesser charge that applies in the range above 0.05 but below 0.08, where your driving is impaired to any noticeable degree even if not to the DUI standard. Both are real criminal charges, DWAI simply carries somewhat lighter penalties.
What to do next
If you’re facing this in Colorado, call Mile High Legal at (720) 853-5779 for a free consultation. The earlier a defense attorney gets involved, the more options are usually still on the table.
Quick Answers
Is a DUI a felony in Colorado?
Usually not on a first, second, or third offense, those are typically charged as misdemeanors. Colorado makes a fourth DUI or DWAI conviction a felony regardless of how long ago the prior offenses occurred, and any DUI that causes serious injury or death can be charged as a felony (vehicular assault or vehicular homicide) regardless of prior record.
How many DUIs is a felony in Colorado?
A fourth DUI or DWAI conviction is generally charged as a felony in Colorado, regardless of how long ago the prior offenses occurred. Before that point, repeat offenses still carry increasingly serious mandatory minimums as misdemeanors, but the felony line specifically kicks in at the fourth conviction.
Is a 3rd DUI a felony in Colorado?
Generally no, a third DUI is typically still charged as a misdemeanor in Colorado, but it’s an enhanced misdemeanor carrying a mandatory minimum of 60 consecutive days in jail, significantly longer than a first or second offense. It’s the fourth conviction where Colorado law shifts the charge to a felony.
Is a first offense DUI a felony?
No. A first-offense DUI in Colorado is charged as a misdemeanor, not a felony, unless it involved causing serious injury or death, in which case it can be charged separately as vehicular assault or vehicular homicide, both felonies. Absent those aggravating circumstances, a first DUI stays in misdemeanor court.
How much does a DUI cost in Colorado?
Beyond the court-imposed fine itself, Colorado law tacks on several mandatory surcharges: up to $500 to fund persistent-drunk-driver programs, $25 to the brain injury trust fund, a small rural alcohol-treatment surcharge, and a data-analysis surcharge, plus up to $50 for a victim impact panel and up to $120 if you’re ordered to perform public service. On top of that, expect required alcohol education and treatment program fees, ignition interlock installation and monthly monitoring costs, SR-22 high-risk insurance premiums that can run for years, and attorney fees. Added together, the real cost of a DUI is usually many times the fine alone.
How much jail time is possible for a 4th DUI in Colorado?
A fourth DUI is generally charged as a Class 4 felony in Colorado. If a judge sentences you to prison rather than probation, the range is 2 to 6 years, plus 3 years of mandatory parole. If a judge grants probation instead, the condition is typically 90 to 180 days in county jail (or up to 2 years through a work-release program in some cases). Either way, this shifts sentencing well beyond the misdemeanor range, along with a felony record. The exact outcome depends on the specific facts and any aggravating factors like injury to another person.
Can you get a DUI expunged in Colorado?
No. Records of a DUI or DUI-related conviction can’t be sealed under Colorado law (C.R.S. § 24-72-702(4)(d)), regardless of how much time has passed. Expungement, which destroys a record entirely, is available only for juvenile records, not adult DUI convictions. This is one of the reasons avoiding a DUI conviction in the first place matters so much.
Is your license suspended immediately after a DUI arrest in Colorado?
The officer typically confiscates your physical license at arrest and issues a temporary permit, and the actual revocation takes effect after 7 calendar days unless you request a DMV hearing in time to challenge it. So it’s not instantaneous, but the clock starts running immediately, which is why acting fast matters.
How long does a DUI affect my insurance in Colorado?
Colorado requires an SR-22 high-risk insurance filing as a condition of keeping or reinstating your license after a DUI, usually for about three years. Expect elevated premiums for a longer stretch on top of that, often cited around three to five years total, though the exact rate impact varies by insurer and driving history.
Can I get a CDL with a DUI in Colorado?
It’s seriously jeopardized, and the consequences are stricter than for a regular license. A first DUI conviction carries a minimum 1-year CDL disqualification, even if you were driving your personal vehicle at the time, since the disqualification follows the license holder rather than the vehicle. A second DUI conviction results in a lifetime CDL disqualification with no reinstatement. These rules apply nationwide under the federal Motor Carrier Safety Improvement Act, not just in Colorado. This is worth discussing directly with an attorney if a CDL is part of your career.
How many points is a DUI in Colorado?
A DUI conviction in Colorado adds 12 points to your driving record (a DWAI adds 8), which by itself is enough to trigger a license suspension under the state’s point system independent of the separate administrative DUI revocation. The two processes run alongside each other, not instead of one another.
Can you refuse a breathalyzer in Colorado?
Yes, physically you can refuse, but Colorado’s express consent law means that refusal carries automatic consequences: an immediate license revocation, typically longer than if you’d tested and failed, and the refusal itself can be used against you at trial. It’s a real choice with real trade-offs, not a way to avoid consequences altogether.
How long is my license revoked if I refuse a chemical test in Colorado?
A first refusal carries a 1-year revocation, a second carries 2 years, and a third or subsequent carries 3 years. Early reinstatement is generally available after 2 months for any refusal. The length scales up with prior refusals or DUI history, and in every case it’s longer than the revocation period for simply testing and failing. This is one of the central trade-offs in the refuse-or-test decision.
What happens at a Colorado DUI checkpoint – are they legal?
Yes, sobriety checkpoints are legal in Colorado as long as law enforcement follows specific procedures: advance public notice, a neutral formula for which vehicles get stopped (not officer discretion alone), and minimal delay for each driver. At a checkpoint, you’re required to provide identification, but you’re not required to answer questions about where you’ve been or whether you’ve been drinking.
