Colorado DUI Guide
Last Verified: February 2026
Complete guide to DUI laws, penalties, and procedures in Colorado. Know your rights and deadlines after a DUI arrest.
Major Counties in Colorado
County-specific courts, impound lots, bail, and local procedures
Denver County
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El Paso County
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Arapahoe County
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Jefferson County
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Adams County
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Boulder County
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Larimer County
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Weld County
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Douglas County
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Pueblo County
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Other Counties
Request DMV Hearing within 7 days or face automatic suspension
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Understanding DUI in Colorado
Colorado has the shortest administrative hearing request deadline in the nation—just 7 calendar days. This aggressive timeline, combined with Colorado's unique Persistent Drunk Driver (PDD) designation and strict Express Consent law, creates an urgent situation that requires immediate action. Miss the 7-day window, and you forfeit your right to contest the license revocation entirely.
Colorado's Dual Offense System: DWAI vs. DUI
Colorado is one of the few states with two alcohol-related driving offenses with different thresholds under C.R.S. § 42-4-1301:
- DWAI (Driving While Ability Impaired) - BAC 0.05% to 0.079%. Lesser offense but still criminal.
- DUI (Driving Under the Influence) - BAC 0.08% or higher, or substantial impairment regardless of BAC.
- Commercial drivers - 0.04% limit
- Under 21 - 0.02% (Underage Drinking and Driving, UDD)
Many prosecutors charge both DWAI and DUI simultaneously, allowing them to convict on the lesser DWAI if they can't prove the higher DUI standard. A DWAI conviction carries 2 days to 180 days jail and 8 points on your license.
Legal BAC Limits
The legal blood alcohol concentration (BAC) limit in Colorado is 0.08% for DUI (drivers 21 and older), 0.05% for DWAI, 0.04% for commercial drivers, and 0.02% for drivers under 21 (effectively zero tolerance).
Express Consent Law
Colorado's Express Consent Law (C.R.S. § 42-2-126) mandates that by driving in Colorado, you consent to chemical testing. The officer serves you with an Express Consent Affidavit and Notice of Revocation which acts as a temporary 7-day permit.
Refusal triggers automatic 1-year license revocation for a first offense (2 years for subsequent refusals). Unlike suspension, revocation means your license ceases to exist—you must reapply from scratch after the period ends.
Critical: If a blood test is taken, the DMV notice isn't mailed until the lab results come back (often 2-4 weeks). The 7-day clock doesn't start until you receive the notice, but this delay can complicate your defense timeline.
Time-Sensitive Deadlines
- 7 calendar days to request DMV hearing (includes weekends/holidays!)
- Request must be made in person at a DMV office (or by mail/email if accommodations granted)
- Vehicle impound fees accrue daily
The Critical 20-Minute Observation Period
Colorado requires officers to continuously observe you for 20 minutes before administering a breath test. This protocol prevents "mouth alcohol" contamination (from recent drinking, burping, or vomiting) from skewing the results upward.
If the officer fails to observe you for the full 20 minutes, or if the observation is interrupted (e.g., the officer leaves the room, you go to the bathroom), the breath test results can be suppressed at your DMV hearing and criminal trial. This is one of the most common and successful defenses in Colorado DUI cases.
Defense Strategy: Your attorney will request the officer's DUI log and body camera footage to verify strict compliance with the 20-minute rule. Even a 2-minute gap can invalidate the test.
Persistent Drunk Driver (PDD) Designation
Colorado applies the Persistent Drunk Driver (PDD) designation to drivers who refuse testing OR have a BAC of 0.15% or higher. This designation is imposed at the administrative level, separate from your criminal conviction.
PDD designation mandates:
- Ignition Interlock Device (IID) for a minimum of 2 years
- Level II Alcohol Education & Therapy (52 hours minimum, often $1,500+)
- Applies regardless of whether it's your first offense
Critical Implication: Even if you're acquitted in criminal court, if you had a BAC ≥ 0.15% or refused testing, you still face the 2-year IID requirement and Level II education through the DMV. The criminal and administrative tracks are completely independent.
DUI Penalties in Colorado
Potential consequences for DUI offenses. Penalties increase with each subsequent offense.
| Penalty Type | 1st Offense | 2nd Offense | 3rd Offense |
|---|---|---|---|
Jail Time | 5 days - 1 year | 10 days - 1 year (mandatory 10 days) | 60 days - 1 year (mandatory) |
Fines | $600-$1,000 + surcharges | $600-$1,500 + surcharges | $600-$1,500 + surcharges |
License Suspension | 9 months | 1 year (no early reinstatement) | 2 years |
Ignition Interlock (IID) | 8 months (mandatory) | 2 years | 2+ years |
Probation | Up to 2 years | Up to 4 years | Up to 4 years |
Community Service | 48-96 hours | 48-120 hours | 48-120 hours |
Alcohol Education | Level I or II education (12-68 hours) | Level II therapy (52+ hours) | Level II therapy + treatment |
Note
These are general penalty ranges. Actual penalties vary based on aggravating factors. An experienced attorney can help minimize penalties.
Common Questions About Colorado DUI
Sources & Official Resources
Information on this page is sourced from official state resources. Always verify current laws with official sources or a licensed attorney.
Related Colorado Guides
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