The DUI Process in Colorado: Understanding Laws, Penalties, and Next Steps

Getting arrested for driving under the influence (DUI) can be overwhelming, and it’s crucial to understand the unique DUI process Colorado laws require. Here’s a guide to help you navigate the DUI process required in Colorado. 

Colorado DUI and DWAI Laws 

In Colorado, there are two primary alcohol-related driving offenses, both determined by blood alcohol concentration (BAC): 

• Driving Under the Influence (DUI): A BAC of 0.08 or higher can lead to a DUI charge. 
• Driving While Ability is Impaired (DWAI): A BAC of 0.05 to 0.079, combined with evidence that your driving is impaired, can result in a DWAI charge. 

The Colorado DUI process and law also accounts for marijuana impairment, which is an important consideration in the Colorado DUI court process for offenders. A driver can be arrested for DUI or DWAI if they have 5 nanograms or more of delta-9 THC (the active compound in marijuana) per milliliter of blood. 

Penalties for DUI and DWAI in Colorado 

Here’s a breakdown of potential penalties for DUI and DWAI offenses in Colorado, which may vary depending on prior offenses and the judge's discretion. 

First DUI Offense 

• License Suspension: 9 months (may qualify for early reinstatement with an ignition interlock device “IID”)
• Ignition Interlock Device: Required for 8 months with lower BAC, 2 years if BAC is 0.15+ or if chemical testing was refused 
• Fine: $600–$1,000 
• Jail Time: 5 days–1 year 
• Community Service: 48–96 hours 

First DWAI Offense 

• License Suspension: 9 months (with potential early reinstatement via IID) 
• Fine: $200–$500 
• Jail Time: 2–180 days 
• Community Service: 24–48 hours 

Second DUI or DWAI Offense 

• License Suspension: 1 year (if within 5 years of the previous offense) 
• Ignition Interlock Device: Required for 2 to 5 years 
• Fine: $600–$1,500 
• Jail Time: 10 days–1 year 
• Community Service: 48–120 hours 

Third DUI or DWAI Offense 

• License Suspension: 2 years 
• Ignition Interlock Device: Required for 2 to 5 years
• Fine: $600–$1,500  
• Jail Time: 60 days–1 year
• Community Service: 48–120 hours  

Persistent Drunk Drivers 

Colorado considers individuals “Persistent Drunk Drivers” (PDDs) if they have: 

• Two or more DUI or DWAI offenses, 
• Refused chemical testing, 
• A BAC of 0.15 or higher, or 
• Been caught driving with a suspended or revoked license. 

PDDs face increased penalties, including longer license suspension times, higher fees, and extended periods of no driving. 

Getting a Restricted Driver’s License 

As part of the DUI process in Colorado, regaining driving privileges with a restricted license involves meeting several specific requirements. 

1. Serve the Revocation Period: Fulfill the mandatory suspension time. 
2. Verify Eligibility: Contact Colorado Driver Services to confirm eligibility. 
3. Secure SR-22 Insurance: Obtain and submit proof of SR-22 insurance. 
4. Complete Alcohol Certification: Submit Form DR2598. 
5. Install an Ignition Interlock Device (IID): Arrange installation before applying for reinstatement. 
6. Reinstatement Application: Complete and submit Form DR2870 along with a $95 fee. 
7. Notarized Affidavit: Submit Form DR2058 to confirm IID compliance. 
8. Alcohol Education Program: If BAC was 0.15 or higher, complete a Level II alcohol education and therapy program. 

Installing Your Ignition Interlock Device 

If you’re required to install an IID, DUI.org can help connect you with reliable service providers. Installing an IID is a critical step in the DUI process that Colorado drivers must complete to meet legal requirements and get back on the road responsibly. To get started, DUI.org can help you contact a certified provider to find a convenient location for installation and to understand Colorado’s IID requirements. 

Need Help with IIDs or SR-22 Insurance? 

At DUI.org, we provide essential resources to help drivers meet their IID and SR-22 insurance requirements following a DUI. If you need assistance with ignition interlock devices or SR-22 insurance to get back on the road legally, our team is here to support you. Visit DUI.org to learn more and get started with your IID or SR-22 needs.