You never imagined that a good time with friends would end up with you getting arrested for driving under the influence (DUI). You’re probably worried about what happens next, how severe the consequences might be, and whether there’s any way to fight the charge. If you’re looking up Colorado Revised Statutes 42-4-1301, you’re likely trying to make sense of what you’re facing.
Here’s an overview of what this law means, its punishments, and how a skilled DUI defense attorney like Mark S. Rubinstein can help protect your future and get you back on the road.
What Is Considered DUI Under Colorado Law?
Under the state’s DUI law, it is illegal to drive:
- While under the influence of alcohol or drugs,
- While your ability to drive is impaired by alcohol or drugs (DWI), or
- With a blood alcohol content (BAC) of 0.08% or higher.
Colorado also prohibits driving with five nanograms or more of delta-9 tetrahydrocannabinol (THC) per milliliter of whole blood, which covers marijuana-related DUI. Officers can charge you with driving while ability impaired (DWAI) if your BAC is between 0.05% and 0.079%. Even if your BAC is below 0.08%, law enforcement may still charge you with DWAI.
Penalties for DUI in Colorado – 42-4-1301
The Department of Motor Vehicles and the criminal justice system will impose administrative and criminal penalties for DUI. The severity of the penalties depends on whether you are a first-time or repeat offender.
First DUI
First-time DUI offenders can usually expect the following penalties:
- Jail time—5 days to 1 year;
- Fines—$600 to $1,000;
- Community service—48 to 96 hours;
- License revocation—up to 9 months; and
- Additional penalties—alcohol education classes and probation requirements.
You might also need to install an ignition interlock device on your vehicle, especially if your BAC was 0.15% or higher.
Second DUI
If you are convicted of a DUI for a second time, the punishment for a DUI in Colorado becomes significantly harsher:
- Mandatory jail time—10 days to 1 year;
- Fines—up to $1,500; and
- License revocation—one year.
Additional penalties can include mandatory alcohol treatment programs and longer probation periods.
Third DUI
Penalties for a third DUI can escalate even further with:
- Mandatory jail time— 60 days to 1 year;
- Fines—up to $1,500;
- License revocation—two years, and
- Additional penalties—longer probation and extended interlock requirements.
If you accumulate three or more DUI convictions, you could face felony charges under Colorado’s habitual offender laws. These consequences increase in severity and negatively affect your record, employment, and freedom.
Additional Consequences You Shouldn’t Overlook
Facing a DUI isn’t just about court dates and fines. It can impact many areas of your life, such as:
- Increased car insurance rates,
- A permanent mark on your criminal record,
- Job loss or difficulty finding employment,
- Travel restrictions or immigration consequences, and
- Strained relationships and emotional stress.
The effects of a conviction can linger far longer than the case itself. Even a seemingly minor DUI conviction can limit your housing options or disqualify you from specific professional licenses, including those required for commercial driving or healthcare roles.
Can DUI Be Dismissed in Colorado?
Yes, under the right circumstances. While dismissal isn’t guaranteed, it’s possible if your defense attorney can uncover:
- Improper traffic stop or lack of reasonable suspicion,
- Inaccurate BAC testing or flawed equipment,
- Mishandled evidence or violated procedures, and
- Medical conditions that mimic intoxication.
A dismissal depends heavily on the facts of your case, which is why a close legal review is crucial.
Common DUI Defenses
No two DUI cases are the same, but several common defense strategies can apply depending on your situation, including:
- Challenging the traffic stop. The entire case could be thrown out if the officer lacked reasonable suspicion.
- Attacking the breathalyzer or blood test results. Law enforcement must use properly calibrated machines and follow chain of custody rules.
- Demonstrating a medical condition. Health issues like diabetes or acid reflux can produce false positives on breath tests.
- Arguing rising BAC. Alcohol may not have been fully absorbed into your system at the time of driving but peaked later.
Even a small error in the procedure can significantly affect the outcome.
Why Working with a DUI Defense Attorney Matters
The potential consequences of a DUI charge are severe and can be life-altering. If you’re facing such charges, you’re up against a complex system of technical evidence and complicated rules, not just a single statute. Having an experienced defense attorney means you don’t have to figure it out alone. Your attorney can:
- Review police reports and test results for flaws,
- Build a strategy specific to your case,
- Advocate for reduced charges or alternative sentencing, and
- Represent you at every hearing and DMV proceeding.
The difference between having a permanent criminal record and achieving a fresh start relies heavily on quality legal counsel.
Mark S. Rubinstein, P.C.’s Commitment to Clients Facing DUI Charges
With over 30 years of experience, 25 of those spent defending clients across western Colorado, I’ve seen firsthand how overwhelming DUI cases can be. I’ve built my practice on direct, personal representation. You won’t be passed off to an assistant when you work with me. I take every call, examine every report, and stand by your side in court.
Whether you’re facing your first, second, or even third DUI, I know how to assess your case and fight for the best possible outcome.
Seize Control of Your DUI Case Today
Colorado takes DUI charges seriously, but you still have options. Understanding your rights under 42-4-1301 is the first step toward building a defense. The next step is contacting Mark S. Rubinstein, P.C., for help.
If you’re facing DUI charges, don’t leave your future to chance. Schedule a confidential consultation today to discuss your case and take the first step toward defending your freedom.
Frequently Asked Questions
What Is the Legal Limit for DUI in Colorado?
A BAC of 0.08% or higher results in a DUI charge, while a BAC between 0.05% and 0.079% can lead to a DWAI charge. Colorado law strictly enforces these limits; even drivers under the legal threshold can be charged if they show signs of impairment. Officers use field sobriety tests and other observations to justify a charge.
How Long Does a DUI Stay on My Record in Colorado?
A DUI conviction remains on your record forever. You cannot automatically expunge it. This means the charge can follow you for life-impacting job opportunities, housing applications, and your ability to obtain specific licenses. For some, the long-term consequences of a conviction can be more damaging than the immediate penalties.
Can I Refuse a Breath or Blood Test in Colorado?
You can refuse, but Colorado’s express consent law allows for immediate license suspension and other penalties if you do. Refusing a test can also be used against you in court, and it may lead to a more extended revocation period than if you had complied.
Resources:
- Colorado Department of Revenue, Division of Motor Vehicles, The DUI Process, link.
- Colorado Legislature, Colorado Law Summary: Colorado Drunk Driving Laws (2024), link.
Colorado Department of Transportation, Impaired Driving, link.
