Driving while Under the Influence charges usually occur after a stop for a routine traffic offense leads an officer to suspect that the driver has consumed sufficient alcohol to effect the driver's ability to drive.  A driver, except in limited situations, can not be stopped without some underlying reasonable belief that a crime (e.g., traffic violation) has occurred. The driver is usually given the option to take a breath or blood test to measure the blood alcohol level.  In Colorado, the driving privilege carries with it the implied consent to take a breath or blood test.  A refusal to take this test can result in the loss of a driver's license for a year, sometimes more.  The charged driver must face court proceedings in County Court for the DUI charge and a separate Administrative Hearing by the Department of Motor Vehicles that addresses the driver's right to drive.  While a DUI is handled in County Court as outlined below, charges can be much more serious at the felony level if there is significant property damage, injury, or death as a result of the driving.  A second offense or a blood or breath level over 0.20 can result in significant jail sentences of ninety days of which no more than eighty can be suspended leaving someone with a blood or breath level of 0.20 facing at least ten days in jail.  In contrast DWAI, driving while alcohol impaired, requires a breath or blood level above .05 and results in less points being assessed against the driver's license.  A DUI is defined as breath or blood level of .08 or above.

Paralleling the court action for DUI, driving while under the influence, or DWAI, driving while alcohol impaired, is the DMV, Department of Motor Vehicle, hearing which may result in the loss of driving privileges for at least three months to a year.

DUI Overview

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Last modified: January 25, 2009