DWI/DUI - Drunk Driving Laws And Attorneys In Colorado
| A comprehensive guide to drunk driving laws, penalties, fines and attorneys. |
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The Colorodo Statute States:
42-4-1301. Driving under the influence - driving while impaired -
driving with excessive alcoholic content - definitions - penalties.
(1) (a) It is a misdemeanor for any person who is under the influence of
alcohol or one or more drugs, or a combination of both alcohol and one
or more drugs, to drive any vehicle in this state.
(b) It is a misdemeanor for any person who is impaired by alcohol or by
one or more drugs, or by a combination of alcohol and one or more
drugs, to drive any vehicle in this state.
(c) It is a misdemeanor for any person who is an habitual user of any
controlled substance defined in section 12-22-303 (7), C.R.S., to drive
any vehicle in this state.
(d) For the purposes of this subsection (1), one or more drugs shall
mean all substances defined as a drug in section 12-22-303 (13),
C.R.S., and all controlled substances defined in section 12-22-303 (7),
C.R.S., and glue-sniffing, aerosol inhalation, and the inhalation of any
other toxic vapor or vapors.
(e) The fact that any person charged with a violation of this subsection
(1) is or has been entitled to use one or more drugs under the laws of
this state, including, but not limited to, the medical use of marijuana
pursuant to section 18-18-406.3, C.R.S., shall not constitute a defense
against any charge of violating this subsection (1).
(f) "Driving under the influence" means driving a vehicle when a person
has consumed alcohol or one or more drugs, or a combination of
alcohol and one or more drugs, which alcohol alone, or one or more
drugs alone, or alcohol combined with one or more drugs affects the
person to a degree that the person is substantially incapable, either
mentally or physically, or both mentally and physically, to exercise clear
judgment, sufficient physical control, or due care in the safe operation of
a vehicle.
(g) "Driving while ability impaired" means driving a vehicle when a
person has consumed alcohol or one or more drugs, or a combination
of both alcohol and one or more drugs, which alcohol alone, or one or
more drugs alone, or alcohol combined with one or more drugs, affects
the person to the slightest degree so that the person is less able than
the person ordinarily would have been, either mentally or physically, or
both mentally and physically, to exercise clear judgment, sufficient
physical control, or due care in the safe operation of a vehicle.
(h) Pursuant to section 16-2-106, C.R.S., in charging the offense of DUI,
it shall be sufficient to describe the offense charged as "drove a vehicle
under the influence of alcohol or drugs or both".
(i) Pursuant to section 16-2-106, C.R.S., in charging the offense of DWAI,
it shall be sufficient to describe the offense charged as "drove a vehicle
while impaired by alcohol or drugs or both".
(2) (a) It is a misdemeanor for any person to drive any vehicle in this
state when the person's BAC is 0.08 or more at the time of driving or
within two hours after driving. During a trial, if the state's evidence raises
the issue, or if a defendant presents some credible evidence, that the
defendant consumed alcohol between the time that the defendant
stopped driving and the time that testing occurred, such issue shall be
an affirmative defense, and the prosecution must establish beyond a
reasonable doubt that the minimum 0.08 blood or breath alcohol
content required in this paragraph (a) was reached as a result of alcohol
consumed by the defendant before the defendant stopped driving.
(a.5) (I) It is a class A traffic infraction for any person under twenty-one
years of age to drive any vehicle in this state when the person's BAC, as
shown by analysis of the person's breath, is at least 0.02 but not more
than 0.05 at the time of driving or within two hours after driving. The
court, upon sentencing a defendant pursuant to this subparagraph (I),
may, in addition to any penalty imposed under a class A traffic infraction,
order that the defendant perform up to twenty-four hours of useful public
service, subject to the conditions and restrictions of section 18-1.3-507,
C.R.S., and may further order that the defendant submit to and complete
an alcohol evaluation or assessment, an alcohol education program, or
an alcohol treatment program at such defendant's own expense.
(II) A second or subsequent violation of this paragraph (a.5) shall be a
class 2 traffic misdemeanor.
(b) In any prosecution for the offense of DUI per se, the defendant shall
be entitled to offer direct and circumstantial evidence to show that there
is a disparity between what the tests show and other facts so that the
trier of fact could infer that the tests were in some way defective or
inaccurate. Such evidence may include testimony of nonexpert
witnesses relating to the absence of any or all of the common
symptoms or signs of intoxication for the purpose of impeachment of the
accuracy of the analysis of the person's blood or breath.
(c) Pursuant to section 16-2-106, C.R.S., in charging the offense of DUI
per se, it shall be sufficient to describe the offense charged as "drove a
vehicle with excessive alcohol content".
(3) The offenses described in subsections (1) and (2) of this section are
strict liability offenses.
(4) No court shall accept a plea of guilty to a non-alcohol-related or
non-drug-related traffic offense or guilty to the offense of UDD from a
person charged with DUI, DUI per se, or habitual user; except that the
court may accept a plea of guilty to a non-alcohol-related or
non-drug-related traffic offense or to UDD upon a good faith
representation by the prosecuting attorney that the attorney could not
establish a prima facie case if the defendant were brought to trial on the
original alcohol-related or drug-related offense.
(5) Notwithstanding the provisions of section 18-1-408, C.R.S., during a
trial of any person accused of both DUI and DUI per se, the court shall
not require the prosecution to elect between the two violations. The court
or a jury may consider and convict the person of either DUI or DWAI, or
DUI per se, or both DUI and DUI per se, or both DWAI and DUI per se. If
the person is convicted of more than one violation, the sentences
imposed shall run concurrently.
(6) (a) In any prosecution for DUI or DWAI, the defendant's BAC at the
time of the commission of the alleged offense or within a reasonable
time thereafter gives rise to the following presumptions or inferences
(I) If at such time the defendant's BAC was 0.05 or less, it shall be
presumed that the defendant was not under the influence of alcohol and
that the defendant's ability to operate a vehicle was not impaired by the
consumption of alcohol.
(II) If at such time the defendant's BAC was in excess of 0.05 but less
than 0.08, such fact gives rise to the permissible inference that the
defendant's ability to operate a vehicle was impaired by the
consumption of alcohol, and such fact may also be considered with
other competent evidence in determining whether or not the defendant
was under the influence of alcohol.
(III) If at such time the defendant's BAC was 0.08 or more, such fact
gives rise to the permissible inference that the defendant was under the
influence of alcohol.
(b) The limitations of this subsection (6) shall not be construed as
limiting the introduction, reception, or consideration of any other
competent evidence bearing upon the question of whether or not the
defendant was under the influence of alcohol or whether or not the
defendant's ability to operate a vehicle was impaired by the
consumption of alcohol.
(c) In all actions, suits, and judicial proceedings in any court of this state
concerning alcohol-related or drug-related traffic offenses, the court
shall take judicial notice of methods of testing a person's alcohol or
drug level and of the design and operation of devices, as certified by the
department of public health and environment, for testing a person's
blood, breath, saliva, or urine to determine such person's alcohol or
drug level. The department of public health and environment may, by
rule, determine that, because of the reliability of the results from certain
devices, the collection or preservation of a second sample of a person's
blood, saliva, or urine or the collection and preservation of a delayed
breath alcohol specimen is not required. This paragraph (c) shall not
prevent the necessity of establishing during a trial that the testing
devices used were working properly and that such testing devices were
properly operated. Nothing in this paragraph (c) shall preclude a
defendant from offering evidence concerning the accuracy of testing
devices.
(d) If a person refuses to take or to complete, or to cooperate with the
completing of, any test or tests as provided in section 42-4-1301.1 and
such person subsequently stands trial for DUI or DWAI, the refusal to
take or to complete, or to cooperate with the completing of, any test or
tests shall be admissible into evidence at the trial, and a person may
not claim the privilege against self-incrimination with regard to
admission of refusal to take or to complete, or to cooperate with the
completing of, any test or tests.
Driving While Under Suspension In Colorado
Driver License Reinstatement (Over 21)
Driver License Reinstatement (Under 21)
Refusal To Take BAC Test In Colorado
Penalties and Fines In Colorado
42-4-1301. Driving under the influence - driving while impaired -
driving with excessive alcoholic content - definitions - penalties.
(1) (a) It is a misdemeanor for any person who is under the influence of
alcohol or one or more drugs, or a combination of both alcohol and one
or more drugs, to drive any vehicle in this state.
(b) It is a misdemeanor for any person who is impaired by alcohol or by
one or more drugs, or by a combination of alcohol and one or more
drugs, to drive any vehicle in this state.
(c) It is a misdemeanor for any person who is an habitual user of any
controlled substance defined in section 12-22-303 (7), C.R.S., to drive
any vehicle in this state.
(d) For the purposes of this subsection (1), one or more drugs shall
mean all substances defined as a drug in section 12-22-303 (13),
C.R.S., and all controlled substances defined in section 12-22-303 (7),
C.R.S., and glue-sniffing, aerosol inhalation, and the inhalation of any
other toxic vapor or vapors.
(e) The fact that any person charged with a violation of this subsection
(1) is or has been entitled to use one or more drugs under the laws of
this state, including, but not limited to, the medical use of marijuana
pursuant to section 18-18-406.3, C.R.S., shall not constitute a defense
against any charge of violating this subsection (1).
(f) "Driving under the influence" means driving a vehicle when a person
has consumed alcohol or one or more drugs, or a combination of
alcohol and one or more drugs, which alcohol alone, or one or more
drugs alone, or alcohol combined with one or more drugs affects the
person to a degree that the person is substantially incapable, either
mentally or physically, or both mentally and physically, to exercise clear
judgment, sufficient physical control, or due care in the safe operation of
a vehicle.
(g) "Driving while ability impaired" means driving a vehicle when a
person has consumed alcohol or one or more drugs, or a combination
of both alcohol and one or more drugs, which alcohol alone, or one or
more drugs alone, or alcohol combined with one or more drugs, affects
the person to the slightest degree so that the person is less able than
the person ordinarily would have been, either mentally or physically, or
both mentally and physically, to exercise clear judgment, sufficient
physical control, or due care in the safe operation of a vehicle.
(h) Pursuant to section 16-2-106, C.R.S., in charging the offense of DUI,
it shall be sufficient to describe the offense charged as "drove a vehicle
under the influence of alcohol or drugs or both".
(i) Pursuant to section 16-2-106, C.R.S., in charging the offense of DWAI,
it shall be sufficient to describe the offense charged as "drove a vehicle
while impaired by alcohol or drugs or both".
(2) (a) It is a misdemeanor for any person to drive any vehicle in this
state when the person's BAC is 0.08 or more at the time of driving or
within two hours after driving. During a trial, if the state's evidence raises
the issue, or if a defendant presents some credible evidence, that the
defendant consumed alcohol between the time that the defendant
stopped driving and the time that testing occurred, such issue shall be
an affirmative defense, and the prosecution must establish beyond a
reasonable doubt that the minimum 0.08 blood or breath alcohol
content required in this paragraph (a) was reached as a result of alcohol
consumed by the defendant before the defendant stopped driving.
(a.5) (I) It is a class A traffic infraction for any person under twenty-one
years of age to drive any vehicle in this state when the person's BAC, as
shown by analysis of the person's breath, is at least 0.02 but not more
than 0.05 at the time of driving or within two hours after driving. The
court, upon sentencing a defendant pursuant to this subparagraph (I),
may, in addition to any penalty imposed under a class A traffic infraction,
order that the defendant perform up to twenty-four hours of useful public
service, subject to the conditions and restrictions of section 18-1.3-507,
C.R.S., and may further order that the defendant submit to and complete
an alcohol evaluation or assessment, an alcohol education program, or
an alcohol treatment program at such defendant's own expense.
(II) A second or subsequent violation of this paragraph (a.5) shall be a
class 2 traffic misdemeanor.
(b) In any prosecution for the offense of DUI per se, the defendant shall
be entitled to offer direct and circumstantial evidence to show that there
is a disparity between what the tests show and other facts so that the
trier of fact could infer that the tests were in some way defective or
inaccurate. Such evidence may include testimony of nonexpert
witnesses relating to the absence of any or all of the common
symptoms or signs of intoxication for the purpose of impeachment of the
accuracy of the analysis of the person's blood or breath.
(c) Pursuant to section 16-2-106, C.R.S., in charging the offense of DUI
per se, it shall be sufficient to describe the offense charged as "drove a
vehicle with excessive alcohol content".
(3) The offenses described in subsections (1) and (2) of this section are
strict liability offenses.
(4) No court shall accept a plea of guilty to a non-alcohol-related or
non-drug-related traffic offense or guilty to the offense of UDD from a
person charged with DUI, DUI per se, or habitual user; except that the
court may accept a plea of guilty to a non-alcohol-related or
non-drug-related traffic offense or to UDD upon a good faith
representation by the prosecuting attorney that the attorney could not
establish a prima facie case if the defendant were brought to trial on the
original alcohol-related or drug-related offense.
(5) Notwithstanding the provisions of section 18-1-408, C.R.S., during a
trial of any person accused of both DUI and DUI per se, the court shall
not require the prosecution to elect between the two violations. The court
or a jury may consider and convict the person of either DUI or DWAI, or
DUI per se, or both DUI and DUI per se, or both DWAI and DUI per se. If
the person is convicted of more than one violation, the sentences
imposed shall run concurrently.
(6) (a) In any prosecution for DUI or DWAI, the defendant's BAC at the
time of the commission of the alleged offense or within a reasonable
time thereafter gives rise to the following presumptions or inferences
(I) If at such time the defendant's BAC was 0.05 or less, it shall be
presumed that the defendant was not under the influence of alcohol and
that the defendant's ability to operate a vehicle was not impaired by the
consumption of alcohol.
(II) If at such time the defendant's BAC was in excess of 0.05 but less
than 0.08, such fact gives rise to the permissible inference that the
defendant's ability to operate a vehicle was impaired by the
consumption of alcohol, and such fact may also be considered with
other competent evidence in determining whether or not the defendant
was under the influence of alcohol.
(III) If at such time the defendant's BAC was 0.08 or more, such fact
gives rise to the permissible inference that the defendant was under the
influence of alcohol.
(b) The limitations of this subsection (6) shall not be construed as
limiting the introduction, reception, or consideration of any other
competent evidence bearing upon the question of whether or not the
defendant was under the influence of alcohol or whether or not the
defendant's ability to operate a vehicle was impaired by the
consumption of alcohol.
(c) In all actions, suits, and judicial proceedings in any court of this state
concerning alcohol-related or drug-related traffic offenses, the court
shall take judicial notice of methods of testing a person's alcohol or
drug level and of the design and operation of devices, as certified by the
department of public health and environment, for testing a person's
blood, breath, saliva, or urine to determine such person's alcohol or
drug level. The department of public health and environment may, by
rule, determine that, because of the reliability of the results from certain
devices, the collection or preservation of a second sample of a person's
blood, saliva, or urine or the collection and preservation of a delayed
breath alcohol specimen is not required. This paragraph (c) shall not
prevent the necessity of establishing during a trial that the testing
devices used were working properly and that such testing devices were
properly operated. Nothing in this paragraph (c) shall preclude a
defendant from offering evidence concerning the accuracy of testing
devices.
(d) If a person refuses to take or to complete, or to cooperate with the
completing of, any test or tests as provided in section 42-4-1301.1 and
such person subsequently stands trial for DUI or DWAI, the refusal to
take or to complete, or to cooperate with the completing of, any test or
tests shall be admissible into evidence at the trial, and a person may
not claim the privilege against self-incrimination with regard to
admission of refusal to take or to complete, or to cooperate with the
completing of, any test or tests.
Driving While Under Suspension In Colorado
Driver License Reinstatement (Over 21)
Driver License Reinstatement (Under 21)
Refusal To Take BAC Test In Colorado
Penalties and Fines In Colorado
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