Introduction to Drinking And Driving Laws in Colorado

According to the Colorado Bureau of Investigation’s Colorado Crime Statistics, there were 16,582 cases in 2023 related to driving or operating a motor vehicle or common carrier while mentally or physically impaired as the result of consuming an alcoholic beverage or using a drug or narcotic. [1] The age group with the highest number of arrests in 2023 was individuals aged 25 to 34. Colorado’s drinking and driving laws are strict and may result in stiff penalties. The following article provides a brief overview of the law applicable to drinking and driving cases in Colorado.

Impaired driving cases start with some form of initial contact with the police. Most commonly, a driver is stopped by an officer for another traffic offense (such as speeding or weaving), but a driver may also encounter the police at a DUI checkpoint or roadblock, or under other circumstances.

If drinking is suspected, an investigating officer may request a driver to perform “roadside maneuvers” or “roadside sobriety tests” near the site of the initial traffic stop. These tests are designed to indicate if a person is impaired and may be admitted as evidence at trial. Roadside tests constitute a full search under the Fourth Amendment of the Constitution and, therefore, must be supported by probable cause or voluntary consent of the driver. There are a variety of roadside tests that an officer may ask a driver to perform, including three standardized tests. Generally, an officer will observe the driver’s eyes to look for horizontal gave nystagmus (HGN) which is an involuntary jerking of the eyes that may be present when someone is impaired. The driver will then be asked to walk-and-turn and stand on one leg and may be asked to recite the alphabet or count forwards or backwards. A driver may also be requested to conduct a preliminary breath test (PBT). PBT results cannot be used in court but may be used as evidence to support an arrest.

Drivers, whom police have probable cause to believe are impaired, are required to undergo chemical testing in the form of a blood test or breath test at the police station. A driver may refuse a chemical test, but the refusal carries with it a mandatory one-year revocation of all driving privileges even if the driver is later found not guilty of a DUI offense. If a person submits to a blood test at the time of arrest, the collection and preservation of a second sample is required. The second sample may be independently tested by a certified laboratory of the driver’s choosing. Regardless of the outcome of a blood or breath test, the driver always has the right to introduce his/her/their own evidence to prove that he/she/they were not under the influence or that he/she/they were not impaired.

DUI means driving a vehicle when a person has consumed alcohol or drugs or both such that the person is substantially incapable, either mentally or physically, of exercising clear judgment, sufficient physical control, or due care in the safe operation of the vehicle. DUI is a misdemeanor offense, but it is a class four felony if committed with three or more prior convictions for certain offenses.

DWAI means driving a vehicle when a person has consumed alcohol or drugs or both such that the person is impaired to the slightest degree in his or her ability to exercise clear judgment and sufficient control of a vehicle. In other words, a person is DWAI when he is less able to drive than he ordinarily would have been. DWAI is a misdemeanor offense, but it is a class four felony if committed with three or more prior convictions for certain offenses.

DUI per se means that a person drove a vehicle when his or her Blood Alcohol Content (BAC), as determined by a breath or blood test performed within 2 hours of driving, was .08 or higher. DUI Per Se is a misdemeanor offense, but it is a class four felony if committed with three or more prior convictions for certain offenses.

UDD means that a person who is under twenty-one (21) years of age drove a vehicle when his or her BAC, as determined by a breath or blood test performed within two hours of driving, was between .02 and .05. Unlike the other misdemeanor charges explained above, this offense is a Class A traffic infraction. A second conviction for an underage DUI is a class 2 traffic misdemeanor.

PDD is a designation used by the Department of Motor Vehicles that means: (1) a person who has been convicted of two or more alcohol-related driving violations; (2) a person who continues to drive after his/her/their driving privileges have been revoked for one or more alcohol-related driving violations; (3) a person who drives a vehicle while his/her/their BAC was 0.15 or higher, as determined by a blood or breath test; or (4) a driver who refuses to complete a chemical test of their blood or breath.

HTO means a person who is convicted of any three major traffic violations. Major traffic violations include DUI, DWAI, or driving while your license has been revoked for one or more alcohol-related violations (within any 7-year period) and is declared a HTO by the Colorado Department of Revenue (DOR). Multiple less serious traffic infractions within a 5-year period can have the same effect. A person who is determined to be a HTO by the DOR will have his/her/their license revoked for a period of 5 years.

Inference of impairment means that a jury may infer that a driver was DUI if his or her BAC was .08 or greater at the time of driving, as determined by a blood or breath test. It may be inferred by a jury that a driver was DWAI if his or her BAC was .05 or greater at the time of driving. The BAC may be considered in conjunction with other evidence, such as driving and behavior, during a jury’s deliberations over whether a defendant was

under the influence of, or ability impaired by, alcohol. A driver is presumed to not be under the influence or impaired if his or her BAC is less than .05, unless the driver is under twenty-one (21) years old.

Cases involving drinking and driving offenses are criminal cases and generally follow the same procedure that other criminal cases follow. For an overview of the criminal process in Colorado, read BHGR’s Introduction to the Criminal Process in Colorado.

The penalties for being convicted of a DUI offense vary depending on the type of offense and a driver’s prior convictions. Drivers can be sentenced to jail time, fines, and the payment of restitution and other costs. Drivers can also be sentenced to perform public service, placed on probation, and/or required to attend drug or alcohol counseling and education courses.

BHGR’s Criminal Law Group represents clients through every stage of a drunk driving case, including pre-filing, discovery, trial, sentencing, record sealing, expungement, appeals, post-conviction matters, and collateral matters.

[1] https://coloradocrimestats.state.co.us/tops/report/drugs-dui/colorado/2023