If you are here, it likely means you or someone you care about is facing a DUI charge in Colorado. We understand how stressful and confusing this time can be. Being charged with a DUI is scary. You may not know what to expect or what to do next. You are not alone. Many people feel overwhelmed after being arrested or cited for driving under the influence. You may be asking questions like, will I lose my license, go to jail, or get a permanent record? At our firm, we know how heavy these questions can feel. That is why we want to help guide you through what makes Colorado’s DUI laws different from those in other states, and how understanding those differences can make a big difference in your case.
What Counts as DUI in Colorado
In Colorado, you can be charged with a DUI if your blood alcohol content, or BAC, is 0.08 or higher. But Colorado also has something called DWAI, which stands for driving while ability impaired. You can be charged with a DWAI if your BAC is as low as 0.05. This is different from many states where 0.08 is the only level that counts. This means in Colorado, even if you had just a few drinks, you could still face criminal charges. And even if your BAC is below 0.05, if the officer thinks you were impaired, you might still be arrested. Colorado law takes drinking and driving very seriously and has more ways to charge someone than some other states.
Marijuana and DUI in Colorado
Colorado is known across the country for allowing recreational marijuana use. But just because it is legal to use cannabis does not mean it is legal to drive after using it. In Colorado, if you have 5 nanograms or more of THC per milliliter of blood, you can be charged with DUI. That’s true even if you do not feel high. Other states may not have a set limit like this, but Colorado uses this number as a guide. This can be tricky because marijuana affects people differently. You might feel fine to drive but still test above the limit. This difference in Colorado law can lead to unexpected charges, especially for visitors or new residents.
Colorado’s Express Consent Law
When you drive in Colorado, you automatically agree to take a chemical test if police think you are under the influence. This is called express consent. If you say no to a breath or blood test, the consequences are serious. You can lose your driver’s license for up to one year for a first refusal. That’s even if you are never convicted of DUI in court. Many other states also have some kind of implied consent law, but Colorado is strict about it. The state will take away your license quickly if you refuse testing. That’s something people don’t always expect, especially if they come from places where refusing might not carry such harsh penalties.
Administrative Penalties Happen Fast in Colorado
Another big difference in Colorado is how fast the Department of Motor Vehicles, or DMV, can act. If you are arrested for DUI, you only have seven days to ask for a hearing to try to keep your license. If you miss that window, your license can be suspended automatically. Some other states give drivers more time to respond or do not start suspension until after a court case is finished. Colorado moves fast. That means if you don’t take action right away, you could lose your right to drive before your case even goes to court. This is why it is so important to act quickly and talk to a lawyer who understands this process.
Penalties for First Time Offenders
Some people think that a first DUI is not that serious. In Colorado, that’s not the case. A first-time DUI can come with jail time, even if no one was hurt and there was no accident. While some states let first-timers avoid jail, Colorado law says a judge can order up to a year behind bars. Most people won’t serve that full time, but the threat is real. On top of that, you could face fines, public service, and alcohol education classes. The penalties can increase fast if your BAC is very high or if you had a child in the car. Every case is different, but even the first one is taken seriously here.
How Repeat Offenses Are Handled in Colorado
Colorado is also tough on repeat offenders. If you get a fourth DUI, it becomes a felony. Not every state makes a fourth offense a felony. Some states wait for five or more. In Colorado, that fourth charge means you could be sent to prison, not just jail. Even second and third DUIs come with stricter penalties than in some states. You might have to do more jail time, more classes, and face longer license suspensions. Colorado keeps track of your driving history and out-of-state DUIs can count toward the total. That means a DUI in another state from years ago might affect your Colorado case.
Use of Interlock Devices
Many states use ignition interlock devices for DUI cases. Colorado is no different, but it has unique rules about when and how these devices are required. After a first offense, you may be able to get your license back early if you agree to install one of these devices in your car. It checks your breath before letting you start your engine. Colorado has an early reinstatement program that some other states do not offer. But you must follow all the rules carefully. If you mess up even once, like trying to drive without blowing into the device, you could face more punishment. Knowing these rules and how to stay in good standing is key.
DUI Diversion and Probation Options in Colorado
In some states, first-time offenders can enter a diversion program and have the charge dropped after completing some steps. Colorado does not offer a DUI diversion program at the state level. Instead, it focuses on probation, treatment, and education. If you are convicted, you may be ordered to go to DUI classes, attend therapy, or join a sobriety program. These can help, but they are also time-consuming and costly. Not knowing about these programs can lead to people violating their sentence and ending up back in court. That’s why having someone help guide you through the steps can make a big difference.
The Role of Field Sobriety Tests
In Colorado, field sobriety tests like walking in a straight line or following a light with your eyes are used a lot. These tests are voluntary, which means you can say no. But police often do not explain that clearly. In some states, refusing these tests might hurt you more than in Colorado. Here, what really matters most in court is the chemical test, like breath or blood. Knowing your rights during a traffic stop is important, especially because these roadside tests can be very subjective. Police might say you failed even if you were just nervous or tired.
Fighting a DUI in Colorado Requires Local Knowledge
Colorado’s DUI laws are different in many ways, but one of the biggest things that sets them apart is how the system works. The courts, prosecutors, and even judges in Colorado have their own way of doing things. Every city or county may handle cases a little differently. What works in Denver might not work in Colorado Springs or Fort Collins. This is not always the case in other states where the system may be more uniform. Knowing how local courts handle DUI cases can help you build a stronger defense and protect your future.
What You Should Do Next
If you or someone you care about is dealing with a DUI in Colorado, you need someone who understands how this state’s laws work and how they are different from others. Whether this is your first offense or not, the decisions you make now can affect your life for years. Colorado’s laws move quickly and can be unforgiving. But with the right guidance, it is possible to fight the charges, protect your rights, and move forward.
You do not have to face this alone. At the Law Firm of Mark S. Hanchey and Ben Peterson, we help people just like you. We know what it takes to get good results in DUI cases in Colorado. We listen to your concerns, answer your questions, and help you understand each step. If you’re feeling overwhelmed, confused, or scared, we’re here to help. Call us today and let’s talk about how we can help you get through this and fight for the best outcome.