Colorado DUI Laws: 2025 DUI Charges Guide

Getting Started

A DUI arrest in Colorado triggers two separate processes: administrative action by the Colorado Department of Motor Vehicles (DMV) against your driving privileges and criminal proceedings through the court system. This guide provides general information about Colorado’s DUI laws and procedures, but it’s not legal advice. For specific guidance related to your case, consult with a qualified DUI attorney who understands Colorado law.

Definitions to Know

Colorado Department of Motor Vehicles (DMV)

The Colorado DMV handles the administrative side of DUI cases, including license revocations, reinstatement requirements, and restricted license applications. They oversee the ignition interlock program and monitor SR-22 compliance. The DMV’s actions are separate from criminal court proceedings, meaning you must address both DMV requirements and court mandates to fully resolve your DUI case. Their website provides forms and information about reinstating driving privileges after a DUI. 

Steps to Take After DUI Arrest in Colorado

1. Hire an Attorney

   Seek legal representation immediately to navigate both the DMV’s administrative process and criminal court proceedings. An experienced DUI attorney can help protect your rights and possibly reduce penalties.

2. License Suspension

   Your license will likely be suspended immediately upon arrest if you failed a chemical test (BAC of 0.08% or higher) or refused to take one. First-time offenders typically face a 9-month suspension.

3. Request an Administrative Hearing

   You have only 7 days from your arrest to request a DMV hearing to contest the automatic license suspension. If you miss this deadline, your license suspension will automatically take effect.

4. Apply for a Restricted License

   If eligible, you may apply for a restricted license by installing an ignition interlock device. First-time offenders might be eligible after serving a portion of their suspension period.

5. Install an IID

   For most DUI offenses, you’ll need to install an approved ignition interlock device in your vehicle to drive legally during your restriction period. Colorado requires this especially for high-BAC convictions or repeat offenders.
   Explore IIDs

6. File an SR-22 Form

   You may need your insurance company to file an SR-22 form with the Colorado DMV, proving you maintain the required insurance coverage. This will be necessary for at least three years following your conviction.

7. Complete Substance Abuse Evaluation and Treatment

   Colorado requires DUI offenders to undergo an alcohol and drug evaluation and complete any recommended treatment programs before full license reinstatement.

8. Pay DUI Fines and Fees

   DUI convictions in Colorado come with significant financial penalties, including court fines, DMV reinstatement fees, higher insurance premiums, and costs for education programs.

9. Complete DUI Education Program

   You must complete a state-approved alcohol education and therapy program. The length and intensity depend on your BAC level and whether you have prior offenses.

10. Attend Court Proceedings

    Your case will proceed through criminal court separately from the DMV administrative actions. Court appearances are mandatory, and failure to attend can result in additional penalties.

11. Probation

    If sentenced to probation, you’ll need to comply with all conditions, which may include regular reporting, sobriety monitoring, and community service.

12. Avoid Further Violations

    Any subsequent DUI offense or violation of your restricted license conditions can result in extended suspension periods, increased penalties, and possible felony charges.

DUI Laws in Colorado

What Are the Legal Driving Alcohol Limits in Colorado?

In Colorado, it’s illegal to drive if you’re under the influence of alcohol, drugs, or both. Colorado DUI laws establishes specific blood alcohol concentration (BAC) limits based on your age and license type. Law enforcement typically uses breathalyzers to measure your Breath Alcohol Concentration (BrAC).

Felony vs Misdemeanor DUI Charges

Under Colorado DUI laws, most first, second, and third DUI offenses are classified as misdemeanors. However, a fourth or subsequent DUI offense is automatically charged as a class 4 felony, regardless of when prior offenses occurred. Additionally, a DUI that causes serious bodily injury (vehicular assault) or death (vehicular homicide) is charged as a felony. Felony DUI convictions can result in prison sentences of 2-6 years, fines up to $500,000, mandatory parole, and permanent loss of certain civil rights¹.

What Are Drunk Driving Diversion Programs in Colorado?

Colorado offers diversion programs in some jurisdictions for first-time, low-risk DUI offenders. These programs typically involve substance abuse treatment, community service, and monitoring in exchange for reduced charges. Eligibility is determined by the district attorney’s office, and factors considered include BAC level, criminal history, and whether the incident caused injuries or property damage.

Refusing a Chemical Test Under Colorado DUI Law

Colorado operates under “express consent” law, meaning that by driving on Colorado roads, you have implicitly agreed to chemical testing if arrested for suspected DUI. Refusing a chemical test triggers automatic consequences separate from any DUI penalties.

DUI Penalties & Consequences

Penalties for DUI Offenses in Colorado

Penalties for DUIs in Colorado become progressively severe with each conviction:

Aggravating Factors That Increase Colorado DUI Penalties

In Colorado, these aggravating factors lead to elevated criminal charges, harsher fines, longer jail or prison time, extended license suspensions, and additional requirements like longer DUI education programs:

• High BAC levels (0.15% or higher) trigger automatic designation as a “persistent drunk driver”
• Having a minor child in the vehicle during a DUI
• Causing an accident resulting in injury or property damage
• Driving under suspension at the time of DUI
• Refusing chemical testing
• Multiple DUI offenses within a seven-year period¹

Driving Without a Valid License

Driving while your license is suspended for a DUI in Colorado is a serious offense that can result in jail time, additional fines of up to $1,000, and extended license suspension periods. Additionally, if caught driving without the required ignition interlock device, you face separate penalties and will likely lose eligibility for early reinstatement programs. These violations can reset your suspension period, meaning you’ll have to start over with potentially harsher restrictions and longer waiting periods. Furthermore, your insurance rates will increase even more, and you may become uninsurable through standard carriers¹.

License Suspension

Who Determines if You Can Continue Driving After a DUI

In Colorado, both the DMV and the courts play roles in determining your driving privileges after a DUI. The DMV handles administrative license revocations based on BAC test results or test refusal, while the courts can impose additional driving restrictions as part of criminal sentencing. The DMV process begins immediately after arrest and is completely separate from court proceedings – you could win your criminal case but still lose your license through the administrative process¹.

How Long Will Your License Be Suspended?

Getting your license suspended in Colorado means you are no longer allowed to drive a vehicle, unless you obtain a restricted license during your suspension period. Here’s how long your regular license may be suspended for a DUI in Colorado:

Steps to Reinstate Your License

1. Serve your full suspension or revocation period
2. Pay reinstatement fees (approximately $95 plus additional fees).
3. Provide proof of insurance via SR-22 form.
4. Complete required education and treatment programs.
5. Install an IID if mandated (required for most DUI offenses).
6. Pass driver’s license retesting if required.

How to Apply for Temporary Restricted Driver’s License

1. Install an approved ignition interlock device on all vehicles you operate.
2. If required, submit SR-22 form proving financial responsibility.
3. Complete an alcohol evaluation and enroll in required treatment programs.
4. Visit your local DMV office with proof of IID installation, SR-22, and treatment enrollment.
5. Pay the restricted license application fee (approximately $95).
6. Pass a knowledge test and driving test if required.
7. Demonstrate need for the restricted license (employment, education, or treatment).

Colorado Ignition Interlock Device (IID) Requirements

Colorado law requires IIDs for most DUI offenders seeking license reinstatement. The required period depends on your offense history:

The IID device must be installed by a state-approved provider at your expense. Monthly maintenance and calibration are required, with data downloads sent to monitoring authorities. Any attempts to tamper with the device or failed tests may result in extended requirements or complete revocation of driving privileges. The average monthly cost ranges from $70-$125, plus installation fees of $100-$200.

Selecting the right ignition interlock provider can make a world of difference.

Find the Right Interlock Provider

SR-22 Insurance Requirements

After a DUI conviction in Colorado, you may be required to maintain an SR-22 certificate of proof of financial responsibility for at least three years. Your insurance company files this form with the DMV to verify you maintain the state’s minimum liability coverage. SR-22 insurance typically costs significantly more than standard policies due to your high-risk classification. If your coverage lapses during the required period, your insurer must notify the DMV, which may result in immediate license suspension. You must maintain continuous coverage with no lapses for the entire required period (usually 3 years for first offense, 5 years for subsequent offenses).

Let us help connect you to the right licensed insurance specialist for you.

Explore SR-22 Insurance Requirements

Substance Abuse Evaluation and Treatment

All DUI offenders in Colorado must complete an alcohol and drug evaluation through a state-approved agency. This assessment determines the appropriate level of education and treatment required. Treatment may range from Level I Education (12 hours of alcohol education) to Level II Education and Therapy (24-86 hours combined, over 5-12 months). Your treatment level is determined by your BAC at arrest, prior offenses, and evaluation results. All programs must be completed through state-certified providers, and documentation of completion must be submitted to both the court and DMV for license reinstatement.

Understand what to expect and how to prepare for a substance abuse evaluation.

Read Our Guide on Alcohol Assessments

FAQs About DUIs in Colorado

Sources

1. Colorado Department of Motor Vehicles – Alcohol and DUI. (n.d.). https://dmv.colorado.gov/alcohol-dui
2. Colorado Department of Motor Vehicles – Ignition Interlock Restricted License. (n.d.). https://dmv.colorado.gov/ignition-interlock-restricted-license
3. Colorado Department of Motor Vehicles – SR-22 and Insurance Information. (n.d.). https://dmv.colorado.gov/sr-22-and-insurance-information
4. Colorado Department of Motor Vehicles – Alcohol and Drug Education Treatment. (n.d.). https://dmv.colorado.gov/alcohol-and-drug-education-treatment
5. FindLaw – Colorado DUI Laws. (n.d.). https://codes.findlaw.com/co/title-42-vehicles-and-traffic/co-rev-st-sect-42-4-1301/
6. National College for DUI Defense – Colorado DUI Laws. (n.d.). https://www.ncdd.com/colorado-dui-laws