FAQs About a Colorado DUI


For the average Denver resident, it can be difficult to fully understand a Colorado DUI. Compared to some states, Colorado does not have loads of easy-to-find information about drunk and drugged driving on the internet. For this reason, I decided to dedicate a post to frequently asked questions about driving under the influence in Colorado.

If after reading this list of FAQs, you have further questions, don’t hesitate to contact my firm directly to arrange a free criminal defense consultation.

Can I get a DUI with a low BAC?
Like other states, drivers in Colorado can be arrested for driving while under the influence of any amount of alcohol, drugs or even lawfully prescribed medications. Under Colorado law, you can be arrested for driving while ability impaired (DWAI), if one of the following is true: 1) your ability to drive is impaired to the “slightest degree” by drugs, alcohol or prescription medication, or 2) if your blood alcohol concentration is .05% or higher.

When can I be arrested for DUI?
There is a fine line between DWAI and DUI. You can be arrested for DUI if your BAC is at or above .08% or if you are “substantially incapable” of driving a vehicle due to consuming alcohol, drugs or prescription medication.

Are there enhanced penalties for a high BAC?
If a driver has a BAC of .17% or higher, he or she will be labeled a “Persistent Drunk Driver” and they will be sentenced as if they were a repeat DUI offender, even if it’s their first offense. In other words, a high BAC leads to stiffer penalties.

What are the basic penalties for a first DUI?
In Colorado, the penalties for a first DUI include: approximately $800 in fines, criminal record for life, license suspension or Ignition Interlock Device (IID), 5 days to one year behind bars, probation, 48 to 96 hours of community service, and up to nine months of alcohol education classes and treatment.

Note: There are a number of other fees not listed above, such as the towing fee, jail fee, alcohol treatment evaluation fee, bail fee, probation supervision fee, license reinstatement fee and much more.

How much will a DUI affect my auto insurance?
If you are convicted of DUI and you are between the ages of 21 and 24, you can reasonably expect your auto insurance premiums to increase by about $3,000 over a five-year period.

Facing DUI charges in the Greater Denver Area? Contact my firm for a FREE consultation at (720) 809-8262.