Colorado DUI/DWI Laws: Penalties, Court Process, and Records

According to Colorado law, it's illegal for someone to drive a vehicle if they are under the influence of alcohol or drugs or if their ability to drive is affected by these substances. These violations are commonly referred to as DUI and DWAI.

This article explains the definitions of DUI and DWAI in Colorado, potential penalties involved, and the court procedures involved in handling these traffic crimes. It also discusses how to access DUI records and the duration that offenses remain on a person's record.

What Is a DUI or DWAI in Colorado?

C.R.S. §42-4-1301 distinguishes between DUI and DWAI:

• DUI (Driving Under the Influence): This means driving a vehicle with a blood alcohol concentration (BAC) of 0.08% or more. A DUI is also committed when you are unable to drive safely because of alcohol, drugs, or both.
• DWAI (Driving While Ability Impaired): This refers to driving with a BAC between 0.05% and 0.079%, or when you are impaired "to the slightest degree" by alcohol or drugs.
• Zero Tolerance for Underage Drivers: If you are under 21, having a BAC of 0.02% to 0.05% leads to an underage drinking and driving (UDD) charge.

Therefore, in Colorado, even a little impairment below the national 0.08% limit can result in charges.

DUI/DWAI Penalties in Colorado

In Colorado, the penalties differ depending on whether someone is convicted of DUI, DWAI, or UDD, and if it is their first time or a repeat offense.

• First DWAI Offense:
  • This offense carries a possible jail term of 2 to 180 days.
  • Those found guilty must pay fines ranging from $200 to $500.
  • Offenders may also have to complete 24 to 48 hours of community service.
  • A first DWAI offense will add 8 points to the driver’s record.
• First DUI Offense:
  • This offense carries a potential prison sentence of 5 days to 1 year.
  • Those found guilty must pay fines ranging from $600 to $1,000.
  • Offenders may also be required to do 48 to 96 hours of community service.
  • Each offender's license will be revoked for 9 months.
  • An alcohol education program is mandatory.
• Second DUI/DWAI Offense:
  • This can result in a sentence of 10 days to 1 year in jail.
  • Fines can go up to $1,500.
  • Each offender's license will be revoked for 1 year.
  • An ignition interlock device is required when getting the license back.
  • A mandatory alcohol education and treatment program must be completed.
• Third DUI/DWAI Offense:
  • This can result in 60 days to 1 year in jail.
  • Fines can reach up to $1,500.
  • Each offender's license will be revoked for 2 years.
  • An ignition interlock device is required when getting the license back.
• Felony DUI (Fourth or Subsequent Offense):
  • This is classified as a Class 4 felony.
  • Fourth or subsequent offense can lead to 2 to 6 years in prison and fines up to $500,000.
  • 3-year license revocation.

Aggravating factors like causing an accident, driving with a child in the car, or having a BAC of 0.15% or higher, can result in strict penalties.

DUI Arrest and Court Process in Colorado

The DUI process in Colorado involves both administrative and criminal phases. This means that offenders have to deal with the Division of Motor Vehicles (DMV)as well as the courts.

1. Traffic Stop and Arrest – Officers perform field sobriety tests and chemical tests. If a driver refuses, their license will be automatically suspended according to Colorado’s express consent law.
2. Booking and Charges – The driver goes through processing, gets fingerprinted, and is officially charged.
3. DMV License Revocation Hearing – After an arrest, a driver has 7 days to request a hearing to contest the license suspension.
4. Arraignment – The person accused is formally informed of the charges.
5. Pre-Trial Hearings – The defense can challenge the evidence or work out plea deals, which can sometimes lead to a reduction to DWAI.
6. Trial – If the case is not resolved, it goes to trial, where it must be proven that the driver was impaired.
7. Sentencing – If convicted, penalties are given based on the driver’s previous history and BAC level.

In Colorado, there are no traditional diversion programs for DUI, but plea bargains are frequently used, especially in DWAI cases.

How to Search for DUI/DWAI Records in Colorado

In Colorado, DUI and DWAI cases are public records, which means anyone can request access to this information. Interested persons can access these records through the following means:

• Colorado Judicial Branch (Court Docket Search): This system allows the public to search DUI/DWAI cases using either a name or a case number. The records usually show the charges, the status of the case, and the sentencing details.
• Colorado DMV: This department maintains official driving records that display DUI/DWAI convictions and any license suspensions.
• County Clerk of Court: You can get certified copies of court judgments and case files either in person or by mail.
• Third-Party Record Providers: Some private background check service providers also maintain DUI records. Interested persons can search records on these platforms for a nominal fee. Note that information on these platforms may be less reliable than records obtained from official state websites.

How Long Does a DUI Stay on Your Record in Colorado?

Colorado has one of the longest record retention policies for DUI-related offenses:

• Criminal Record: A DUI conviction remains permanently on a criminal record. Colorado does not allow expungement or sealing of adult DUI convictions.
• Driving Record: In Colorado, DUI/DWAI convictions stay on your DMV driving record for 10 years.
• Insurance and Employment: Your insurance rates might go up for as long as 7 years, and employers will see DUI/DWAI convictions on background checks for life.

Since DUI convictions cannot be erased or sealed in Colorado, they can affect your job opportunities, licenses, and insurance premiums.

Colorado has a strict DUI law, with penalties that increase rapidly and cover both DUI and the lesser DWAI charge. Records are accessible to the public through the Colorado courts and DMV, and once convicted, these offenses remain on a criminal record for life. For drivers, employers, and researchers, it is essential to grasp Colorado's DUI/DWAI system, considering the lasting effects of impaired driving in the state.