Question 1

What is the difference between DUI and DWAI in Colorado?

Accepted Answer

In Colorado, DUI (Driving Under the Influence) means alcohol or drugs impaired you to the point that you could not drive safely, and a BAC of 0.08% or higher is DUI per se. DWAI (Driving While Ability Impaired) means your ability was impaired to the slightest degree; a BAC above 0.05% and under 0.08% supports an inference of DWAI. DUI carries harsher penalties including longer jail time and license revocation. Both create permanent criminal records, but DWAI penalties are generally lighter for first offenses.

Question 2

How long do I have to request a DMV hearing after a DUI arrest in Colorado?

Accepted Answer

You have only 7 days after receiving the notice of revocation to request a DMV Express Consent hearing, in writing (C.R.S. § 42-2-126(7)(a)). If you miss this deadline, your license will be automatically revoked. This hearing is separate from your criminal case and is your opportunity to fight the administrative license revocation. Contact a DUI attorney immediately after arrest to ensure this critical deadline is met.

Question 3

Can I refuse a breathalyzer test in Colorado?

Accepted Answer

Under Colorado's Express Consent Law (C.R.S. 42-4-1301.1), by driving on Colorado roads you have already consented to chemical testing if an officer has probable cause for a DUI arrest. Refusing a test results in automatic license revocation for 1 year (first refusal) or 2 years (second refusal) and can be used as evidence against you in court. However, there may be defenses available depending on the circumstances of your arrest.

Question 4

What are the penalties for a first-time DUI in Colorado?

Accepted Answer

A first-time DUI conviction in Colorado carries 5 days to 1 year in jail, fines of $600-$1,000, a 9-month license revocation, 48-96 hours of community service, up to 2 years of probation, Level I or II alcohol education/treatment (as determined by a court-ordered evaluation), and possible ignition interlock device installation. Additionally, you'll face increased insurance rates and a permanent criminal record.

Question 5

Is a 4th DUI a felony in Colorado?

Accepted Answer

Yes. Since August 2015, Colorado law (C.R.S. 42-4-1301(1)(a)) classifies a fourth or subsequent DUI/DWAI as a Class 4 felony. This carries 2-6 years in the Colorado Department of Corrections, fines of $2,000-$500,000, and 3 years of mandatory parole. Prior convictions from any state count toward the total. This makes experienced felony DUI defense representation essential.

Question 6

Can a DUI be reduced to a lesser charge in Colorado?

Accepted Answer

Yes, it is possible to negotiate a DUI down to a DWAI or even a traffic offense in some cases. Factors that influence plea negotiations include your BAC level, whether it was a first offense, the strength of the evidence, and whether there were any accidents or injuries. An experienced Colorado DUI attorney can identify weaknesses in the prosecution's case and negotiate more favorable outcomes.

Question 7

How does a Colorado DUI affect my driving record and insurance?

Accepted Answer

A DUI conviction adds 12 points to your Colorado driving record and remains on your criminal record permanently. Your auto insurance rates will increase significantly—often doubling or tripling—for 3-5 years. After a covered revocation, you must file and maintain SR-22 high-risk insurance proof for 3 years before your license can be reinstated. Some employers, especially those requiring driving, may terminate employment based on a DUI conviction.

Question 8

What defenses are available for a DUI charge in Colorado?

Accepted Answer

Common DUI defenses in Colorado include challenging the legality of the initial traffic stop, questioning field sobriety test administration and accuracy, challenging breathalyzer calibration and maintenance records, contesting blood draw procedures and chain of custody, raising the rising BAC defense (your BAC was below the limit while driving but rose by the time of testing), and demonstrating medical conditions that can affect test results. Each case is unique, and our attorneys thoroughly evaluate all potential defenses.

Offense	Jail Time	Fines	License Revocation	Community Service
1st DUI	5 days - 1 year	$600 - $1,000	9-month revocation	48-96 hours
2nd DUI	10 days - 1 year	$600 - $1,500	1-year revocation	48-120 hours
3rd DUI	60 days - 1 year	$600 - $1,500	2-year revocation	48-120 hours
4th+ DUI (Felony)	2-6 yrs prison or probation w/ 90-180 days jail	$2,000 - $500,000	2-year revocation	48-120 hours

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