DUI Laws in Colorado
The legal BAC limit in Colorado, first-offense DUI penalties, what happens if you refuse a test, and how long a DUI counts.
Short answer: DUI per se at 0.08 or more within two hours of driving. A BAC over 0.05 but under 0.08 allows an inference of impaired driving (DWAI). Drivers under 21 commit underage drinking and driving at 0.02 to 0.05. C.R.S. § 42-4-1301; Office of Legislative Legal Services, Colorado Drunk Driving Laws (rev. 10/29/24)
| Legal BAC limit | DUI per se at 0.08 or more within two hours of driving. A BAC over 0.05 but under 0.08 allows an inference of impaired driving (DWAI). Drivers under 21 commit underage drinking and driving at 0.02 to 0.05. A BAC of 0.15 or more makes a driver a 'persistent drunk driver' subject to added requirements. The commercial-driver limit was not confirmed from a page read for this record. |
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| First-offense DUI penalties | A first DUI or DUI per se is a misdemeanor punishable by 5 days to 1 year in jail and a $600 to $1,000 fine, plus 48 to 96 hours of public service; part of the jail term can be suspended with alcohol treatment. A first DWAI carries 2 to 180 days in jail, a $200 to $500 fine and 24 to 48 hours of public service. Administratively, a BAC of 0.08 or more brings a 9-month revocation for a first offense; early reinstatement with an ignition interlock is available for offenses on or after January 1, 2023. |
| When a DUI is a felony | A DUI, DUI per se or DWAI is a class 4 felony when the person has three or more previous DUI, DUI per se or DWAI convictions (2 to 6 years in prison and 3 years of parole). Separately, vehicular assault while DUI (causing serious bodily injury) is a class 4 felony, and vehicular homicide while DUI is a class 3 felony. Source is the legislature's nonpartisan law summary (last revised 10/29/24), not the statute text itself. |
| Refusing a breath test | Drivers are presumed to consent to a blood, breath, saliva or urine test when an officer has probable cause of DUI or DWAI. Refusal leads to revocation of 1 year (first), 2 years (second), or 3 years (third), and the driver is designated a persistent drunk driver. Early reinstatement with an interlock requires serving at least 2 months first, and the interlock must stay for at least 2 years. A hearing must be requested within 7 calendar days of arrest. |
| DUI lookback period | Colorado's law summary lists higher penalties for a DUI or DWAI with one or more previous DUI or DWAI convictions without stating a time limit; a fourth or later offense can be a class 4 felony. A third DUI or DWAI within seven years also brings a mandatory five-year revocation as a habitual traffic offender. Whether any time limit applies to prior convictions for criminal sentencing was not confirmed directly from the statute text. |
| How long a DUI stays on your record | How long a DUI stays on the Colorado driving record was not found on an official page. For the criminal record, Colorado's general process for sealing conviction records does not allow sealing of a conviction for DUI, DUI per se or DWAI (C.R.S. § 42-4-1301(1) or (2)), and also excludes most misdemeanor traffic offenses. Sealing, where it is allowed, does not erase (vacate) the conviction. |
| Hardship or restricted license | A driver suspended for points may get a probationary license that strictly limits driving to and from work; it requires a letter from the employer, SR-22 insurance and a $6 fee, and is taken immediately if the driver is stopped outside its limits. Drivers revoked for alcohol offenses may apply for early reinstatement with an interlock-restricted license. A 90-day work-purpose probationary license may be available in child-support suspensions. |
Where to get help in Colorado
More Colorado traffic tickets & dui
- Reinstating a Driver's License in Colorado
- How Driver Points Work in Colorado
- Paying or Contesting a Traffic Ticket in Colorado
- All Colorado traffic tickets & dui rules
FAQ
What is the legal blood alcohol limit in Colorado?
DUI per se at 0.08 or more within two hours of driving. A BAC over 0.05 but under 0.08 allows an inference of impaired driving (DWAI). Drivers under 21 commit underage drinking and driving at 0.02 to 0.05. A BAC of 0.15 or more makes a driver a 'persistent drunk driver' subject to added requirements.
What is the penalty for a first DUI in Colorado?
A first DUI or DUI per se is a misdemeanor punishable by 5 days to 1 year in jail and a $600 to $1,000 fine, plus 48 to 96 hours of public service; part of the jail term can be suspended with alcohol treatment. A first DWAI carries 2 to 180 days in jail, a $200 to $500 fine and 24 to 48 hours of public service. Administratively, a BAC of 0.08 or more brings a 9-month revocation for a first offense; early reinstatement with an ignition interlock is available for offenses on or after January 1, 2023.
Is a DUI a felony in Colorado?
A DUI, DUI per se or DWAI is a class 4 felony when the person has three or more previous DUI, DUI per se or DWAI convictions (2 to 6 years in prison and 3 years of parole). Separately, vehicular assault while DUI (causing serious bodily injury) is a class 4 felony, and vehicular homicide while DUI is a class 3 felony.
What happens if you refuse a breathalyzer in Colorado?
Drivers are presumed to consent to a blood, breath, saliva or urine test when an officer has probable cause of DUI or DWAI. Refusal leads to revocation of 1 year (first), 2 years (second), or 3 years (third), and the driver is designated a persistent drunk driver. Early reinstatement with an interlock requires serving at least 2 months first, and the interlock must stay for at least 2 years. A hearing must be requested within 7 calendar days of arrest.
How long does a DUI count as a prior offense in Colorado?
Colorado's law summary lists higher penalties for a DUI or DWAI with one or more previous DUI or DWAI convictions without stating a time limit; a fourth or later offense can be a class 4 felony. A third DUI or DWAI within seven years also brings a mandatory five-year revocation as a habitual traffic offender.
How long does a DUI stay on your record in Colorado?
How long a DUI stays on the Colorado driving record was not found on an official page. For the criminal record, Colorado's general process for sealing conviction records does not allow sealing of a conviction for DUI, DUI per se or DWAI (C.R.S. § 42-4-1301(1) or (2)), and also excludes most misdemeanor traffic offenses. Sealing, where it is allowed, does not erase (vacate) the conviction.
Can you get a hardship license in Colorado?
A driver suspended for points may get a probationary license that strictly limits driving to and from work; it requires a letter from the employer, SR-22 insurance and a $6 fee, and is taken immediately if the driver is stopped outside its limits. Drivers revoked for alcohol offenses may apply for early reinstatement with an interlock-restricted license. A 90-day work-purpose probationary license may be available in child-support suspensions.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.