DUI Laws in Colorado: Penalties, BAC Limits & License Suspension

In Colorado, the charge is DUI (Driving Under the Influence) — or, for lesser impairment, the reduced charge DWAI (Driving While Ability Impaired). The per se limit for DUI is a blood or breath alcohol content (BAC) of 0.08% or higher; a BAC of 0.05% up to 0.08% supports a DWAI charge instead. If you refused a chemical test or were arrested for DUI/DWAI, the Colorado Department of Revenue's Division of Motor Vehicles (DMV) can revoke your license on its own schedule, separate from any criminal case — and you typically have only 7 days from the arrest (or from the notice, if you were tested by blood) to request a hearing to fight it. Miss that window and the revocation becomes automatic. Read the rest of this guide before you decide your next move, and confirm current numbers with the Colorado DMV or a Colorado defense attorney before relying on them.

1. What it's called in Colorado

Colorado is one of the few states with a two-tier impaired-driving system, both defined in the same statute, C.R.S. § 42-4-1301:

• DUI (Driving Under the Influence) — the standard charge, applying at a BAC of 0.08% or above (or when alcohol or drugs affect you so that you are substantially incapable of driving safely).
• DWAI (Driving While Ability Impaired) — a lesser charge that applies where alcohol or drugs affect your ability to drive even "to the slightest degree." A BAC in the 0.05% up to 0.08% range supports a DWAI charge. DWAI carries lighter penalties than DUI but is still a criminal offense and still triggers DMV consequences.

You will not see "DWI," "OWI," "OUI," or "OVI" used in Colorado law — those are other states' labels for a similar concept.

2. Per se BAC limits in Colorado

• 0.08% — the standard DUI per se limit for adult, non-commercial drivers. This 0.08% threshold is the national standard used in all states.
• 0.05% up to 0.08% — supports a DWAI charge.
• 0.04% — the limit for drivers operating a commercial motor vehicle (CDL holders), consistent with the federal commercial standard.
• 0.02% — Colorado's zero-tolerance threshold for drivers under 21 (Colorado's Underage Drinking and Driving law). A BAC of 0.02% up to 0.05% is a class A traffic infraction for an under-21 driver; at 0.05% or above, an under-21 driver faces DWAI or DUI exposure like any other driver. (The minimum drinking age of 21 is national; the specific under-21 BAC number is set by each state.)
• 0.15% and above — Colorado does not label this an "aggravated DUI" charge the way some states do, but a BAC of 0.15% or higher (or a refusal, or two or more prior alcohol-related driving violations) triggers Colorado's "persistent drunk driver" (PDD) designation, which adds mandatory Level II alcohol education/treatment, an SR-22 high-risk insurance filing, and an extended ignition interlock requirement on top of standard penalties — even on a first DUI.

3. Implied consent and refusing a test

Colorado's "Express Consent" law (administered by the Colorado Department of Revenue) means that by driving on Colorado roads, you've already agreed to a chemical (breath or blood) test if lawfully arrested for DUI or DWAI. Refusing a test is not a way to avoid consequences — it triggers its own automatic license revocation through the DMV, and your refusal can also be brought up against you in the criminal case.

• First refusal: 1-year license revocation.
• Second refusal: 2-year revocation.
• Third or subsequent refusal: 3-year revocation.

A refusal also automatically classifies you as a "persistent drunk driver," meaning that when you eventually reinstate your license you'll be required to install an ignition interlock device (IID) for about 2 years and complete Level II alcohol education, at your own expense.

4. The DMV hearing deadline — this is the time-critical part

Colorado's DMV license action is called an Express Consent revocation, and it runs on a completely separate clock from your criminal court case. It is handled by the Colorado Department of Revenue's Division of Motor Vehicles (Hearings Division), not the court.

• If you took (or refused) a breath test at the time of arrest, the arresting officer typically hands you an Express Consent Affidavit and Notice of Revocation on the spot. If a blood test was taken, the DMV mails you a Notice of Revocation instead.
• You have 7 days from the date of arrest (for a breath test or refusal) — or, if you were tested by blood, from the DMV's notice — to request a hearing with the DMV to contest the revocation. Weekends and holidays count toward this deadline.
• Requests can typically be filed online through the state's driver portal or in person at a DMV driver license office; check the Colorado Department of Revenue's Express Consent page for the current filing method.
• If you don't request a hearing in time, the revocation takes effect automatically — you lose the chance to contest it, and this happens whether or not you're ever convicted of DUI/DWAI in criminal court.
• If you do request a hearing, you may be eligible to keep driving in the meantime while the hearing is scheduled.

Because this deadline is measured in days, not weeks, treat it as the single most urgent task after a Colorado DUI/DWAI arrest — even before you focus on the criminal case.

5. First-offense penalties

Sources describing Colorado's current first-offense DUI framework generally point to a pattern like the following. Fines, surcharges, and exact jail-day ranges change with the legislature and court practice, so confirm current figures with the Colorado courts or DMV before treating any number as final:

• License revocation: Commonly described as around a 9-month DMV revocation for a first DUI. Drivers 21 or older may become eligible for early reinstatement with a mandatory ignition interlock device relatively early in that period; those under 21 may face a longer wait before an interlock-restricted license is available.
• Ignition interlock device (IID): Commonly required as a condition of getting back on the road after a DUI/DWAI revocation, and for a set period after reinstatement, especially for a persistent-drunk-driver designation or higher BAC levels.
• Jail: Colorado law authorizes a range from a short mandatory minimum up to roughly a year in county jail for a first DUI, with a mandatory-minimum jail term generally described as higher when BAC is very elevated (commonly cited around 0.20% or above). Actual sentencing depends on the specific facts, prior record, and judge.
• Fines and surcharges: Colorado law sets a base fine range for a first offense plus mandatory surcharges (funding victim compensation and impaired-driving programs), on top of court costs.
• Other conditions: Community service hours, alcohol/drug evaluation, and Level I or Level II education/treatment classes (the level depending on your BAC and record) are standard add-ons for a first offense.

Because exact dollar and day figures are the kind of detail the legislature revises, do not rely on any specific number you read online (including here) without confirming it against the current Colorado Revised Statutes or with the court handling your case.

6. Lookback period: Colorado has no washout

Unlike most states, Colorado does not use a rolling "lookback" window (such as 5, 7, or 10 years) to decide whether an old DUI still counts as a prior. Colorado counts every prior DUI, DUI per se, or DWAI conviction — plus related vehicular assault or vehicular homicide convictions — from any point in your life, including convictions from other states, when determining sentence enhancements and felony status. A DUI from decades ago can still count against you today.

7. When a Colorado DUI becomes a felony

A DUI (or DUI per se) becomes a class 4 felony in Colorado when it is committed after three or more prior convictions — from separate and distinct criminal episodes — for DUI, DUI per se, DWAI, vehicular assault (DUI-related), or vehicular homicide (DUI-related), in any combination and from any point in the person's life (see the lookback note above). Separately, causing serious bodily injury or death while driving under the influence can itself be charged as a felony (vehicular assault or vehicular homicide) even on someone's first alcohol-related driving offense — these are distinct, more serious charges from ordinary DUI/DWAI. If you're facing any combination of prior DUI/DWAI history, a refusal, or an injury/fatality, treat the case as a felony-exposure matter and get a Colorado criminal defense attorney involved immediately.

What to do after a DUI arrest in Colorado

1. Note the clock the moment you're released. Find your Express Consent Affidavit and Notice of Revocation (or wait for the mailed Notice if you gave a blood sample) and count forward — you likely have only about 7 days to request a DMV hearing to contest the revocation. This deadline runs whether or not you've hired a lawyer yet and whether or not you've been to court.
2. Request the DMV hearing before doing anything else administrative. Use the Colorado DMV's online driver portal or contact a DMV driver license office to file the request in writing before the deadline. If you miss it, the revocation becomes automatic and you lose your chance to contest it at that stage.
3. Get your paperwork together. Locate the affidavit/notice, any citation, and the arresting agency's case number. You'll need these for both the DMV hearing and your criminal case.
4. Contact a Colorado criminal defense attorney promptly, especially if you have any prior DUI/DWAI history, refused testing, or the incident involved injury or a child in the vehicle — any of these can raise the stakes toward felony territory or persistent-drunk-driver status.
5. Do not skip your court dates — the DMV process and the criminal case run on separate tracks with separate consequences, and missing either one creates additional problems.
6. Ask your attorney or the DMV about restricted/interlock driving options so you understand whether and when you can legally drive while the case is pending.

This article is general legal information about Colorado law, not legal advice for your specific situation — confirm current statutes, deadlines, and penalty ranges with the Colorado DMV, the court in your case, or a licensed Colorado attorney.