The DUI Process in Colorado
Getting arrested for driving while intoxicated can be a stressful time. Because each state has different laws about ignition interlock devices (IIDs), understanding the laws specific to your state is crucial. Let’s walk through what happens if you’re a resident of Colorado.
Colorado DUI and DWAI Laws
The state of Colorado has two types of alcohol-related driving offenses, both of which are based upon the measurement of blood alcohol concentration in your body:
- Driving Under the Influence of Alcohol or Drugs (DUI)
- Driving While Ability is Impaired (DWAI)
The legal blood alcohol concentration (BAC) limit in Colorado is .08, so if you’re pulled over and have a BAC level of .08 or higher, you may be arrested for a DUI. If your BAC level is more than .05 but less than .08 (within the legal limits) and evidence such as a field sobriety test shows that your ability to drive is impaired, you may be arrested for a DWAI.
You may also be arrested for a DUI or DWAI if your blood contains 5 nanograms or more of delta-9 THC (the active chemical in marijuana) per milliliter. Here are the possible penalties you could face if convicted of a DUI or DWAI in Colorado, which are subject to the judge’s discretion and the outcome of your sentence.
First DUI Offense
- Driver’s license suspension for 9 months, unless considered a Persistent Drunk Driver (PDD), meaning you’re arrested with .15 BAC or greater
- You may be eligible for early reinstatement if you live in Colorado and installing ignition interlock device; call the Colorado Department of Revenue to determine if you’re eligible.
- Installation of ignition interlock device
- 8-month interlock requirement for low BAC; 2-year interlock requirement for BAC above .15 or if you refused to submit to chemical testing
- $600–$1,000 fine
- 5 days–1 year in jail
- 48–96 hours of community service
First DWAI Offense
- Driver’s license suspension for 9 months, unless considered a Persistent Drunk Driver (PDD), meaning you’re arrested with .15 BAC or greater
- You may be eligible for early reinstatement if you live in Colorado and install an ignition interlock device; call the Colorado Department of Revenue to determine if you’re eligible.
- $200–$500 fine
- 2–180 days in jail
- 24–48 hours of community service
Second DUI Offense
- Driver’s license suspension for 1 year (if within 5 years of previous conviction)
- You may be eligible for early reinstatement if you live in Colorado and install an ignition interlock device.
- Installation of ignition interlock device for 2 to 5 years
- $600–$1,500 fine
- 10 days–1 year in jail
- 48–120 hours of community service
Second DWAI Offense
- Driver’s license suspension for 1 year (if within 5 years of previous conviction)
- You may be eligible for early reinstatement if you live in Colorado and install an ignition interlock device.
- $600–$1,500 fine
- 10 days–1 year in jail
- Serve 48–120 hours of community service
Third DUI Offense
- Driver’s license suspension for 2 years
- You may be eligible for early reinstatement if you live in Colorado and install an ignition interlock device.
- Installation of ignition interlock device for 2 to 5 years
- 60 days–1 year in jail
- $600–$1,500 fine
- 48–120 hours of community service
Third DWAI Offense
- Driver’s license suspension for 2 years
- You may be eligible for early reinstatement if you live in Colorado and install an ignition interlock device.
- 60 days–1 year in jail
- $600–$1,500 fine
- 48–120 hours of community service
Persistent Drunk Drivers
Fourth and subsequent DUI or DWAI offenses are classified as a class 4 felony.
In Colorado, you can be classified as a persistent drunk driver (PDD), which means are subject to more severe penalties if you’re convicted of a DUI or DWAI. You are considered a PDD if you:
- Have been convicted of two or more DUI or DWAI offenses
- Refused to participate in a chemical test, including breath, blood, urine or saliva tests
- Were driving with a BAC of .15 or higher
- Were caught driving a vehicle with a suspended or revoked license
If you’re considered a PDD, your license suspension time, fees and mandatory no driving periods will increase.
Getting Your Restricted Driver’s License
Installing an ignition interlock will allow you to regain your driving privileges if you’ve been convicted of a DUI or DWAI. Before you install your device, you’ll need to attend your hearing and confirm with the Colorado Department of Revenue that your ignition interlock requirement is active on your state record. Here’s what you need to do to get a restricted driver’s license:
- Serve revocation period
- Contact Colorado Driver Services to verify eligibility
- Secure SR22 and provide proof of SR22
- Complete Alcohol Certification, form DR2598
- Install IID before you are ready to complete reinstatement
- Complete a Reinstatement Application, form DR2870
- Pay a $95 application fee
- Complete a Notarized Restricted License Ignition Interlock Agreement Affidavit, form DR2058
- If your BAC was .015 or higher, complete a Level II alcohol education and therapy course. Provide the Affidavit of Enrollment, form DR2643, or the Discharge Referral Summary
Installing Your Ignition Interlock Device
Intoxalock has more than 41 authorized service center locations throughout Colorado. Our customer service representatives work with you to find a location closet to you and help you understand your IID requirements. For questions about installing a device or understanding Colorado ignition interlock requirements, please call 833-623-0200.
