DUI and DWAI in Colorado

DUI and DWAI Are Two Different Charges

Colorado has two impaired driving offenses, and the difference matters. Both live in the same statute, C.R.S. 42-4-1301.

DUI means driving under the influence. The law defines it as being affected by alcohol or drugs to the point that you are substantially incapable of driving safely. If your blood alcohol content, called BAC, is 0.08 or higher, you can be charged with DUI per se. Per se just means the number alone is enough. The prosecution does not have to prove your driving looked impaired.

DWAI means driving while ability impaired. It is a lesser offense. The standard is lower: impaired even to the slightest degree. A BAC above 0.05 but below 0.08 lets a jury infer impairment, though it does not prove it automatically. So the zone between 0.05 and 0.08 is where most DWAI charges come from.

Because DWAI is the lesser offense, it often shows up as a plea resolution in DUI cases. A first DWAI carries 8 points against your license instead of 12 and lower fines. For a driver 21 or older with no prior alcohol offenses, the conviction itself does not automatically revoke the license, but your license may still be revoked through other routes: the DMV's separate express consent case (a test at 0.08 or higher, or a refusal) runs on its own track no matter how the criminal case resolves, points can stack with other tickets, and for drivers under 21 a first DWAI conviction does revoke the license. A DWAI is still a criminal conviction that stays on your record, and it still counts as a prior offense if anything happens later. We walk clients through that tradeoff honestly before anyone agrees to anything.

Two Cases, One Arrest: The DMV Clock Starts Immediately

This is the part that catches people off guard. The criminal court case moves at the court's pace. The DMV case does not wait.

Colorado's express consent law, C.R.S. 42-4-1301.1, says that by driving on Colorado roads you have already agreed to take a breath or blood test if an officer has probable cause to believe you are impaired. You generally get to choose breath or blood for alcohol, but once you choose, you cannot switch. If you refuse testing, that refusal has its own serious consequences, described below.

If you blew 0.08 or higher, or you refused, the officer typically takes your license on the spot and hands you a form called the Express Consent Affidavit and Notice of Revocation. If you took a blood test, the notice usually arrives by mail after the lab results come back.

You have 7 days from that notice to request a DMV hearing. Miss the window and the revocation simply takes effect. If your license was valid, the officer's notice acts as a temporary permit for those seven days, and requesting a hearing keeps you driving until the hearing happens. The hearing is your one chance to challenge the license revocation, and it can also give us an early look at the officer's testimony before the criminal case gets going.

Winning one case does not decide the other. The DMV hearing is a civil, administrative process about your license. The criminal case is about guilt, penalties, and your record. They run on different rules and different standards of proof, which is exactly why we treat them as two fronts of the same fight.

Criminal Penalties: First Offense Through Felony

Colorado sentences impaired driving under C.R.S. 42-4-1307. The ranges below reflect current law as of this writing. One feature of Colorado law surprises many people: there is no lookback period. A prior impaired driving conviction counts no matter how old it is, and prior convictions from other states count too.

A few important details behind the table:

• First DUI: the jail time can usually be suspended if you complete an alcohol evaluation and the education or treatment the court orders. But if your BAC was 0.20 or higher, a minimum of 10 days in jail is mandatory.
• Second and third offenses: the mandatory minimums cannot be suspended, and courts also impose two years of probation with an additional year of jail hanging over you if probation is violated. On a second offense, in-home detention may be possible if the prior is more than five years old. The mandatory 60 days on a third offense must be served in jail.
• Fourth offense: a fourth or later DUI or DWAI is a class 4 felony under C.R.S. 42-4-1301. That means possible state prison, not county jail, and a felony record with everything that follows it.

Your License: Revocation, Interlock, and Level II Classes

License consequences come from the DMV side, and they stack on top of whatever happens in court.

Revocation periods

• A first offense with a BAC of 0.08 or higher brings a 9 month revocation. For violations since January 1, 2023, most adult drivers can reinstate early right away, as soon as the revocation takes effect, by installing an ignition interlock device.
• A refusal brings a 1 year revocation and labels you a persistent drunk driver, which requires a two year interlock once you reinstate. Early reinstatement after a refusal currently requires serving two months first. The refusal can also be used against you at trial.
• A BAC of 0.15 or higher also triggers the persistent drunk driver label and the two year interlock, even on a first offense.
• A second alcohol offense generally means a 1 year revocation, and a third within seven years can bring a five year loss under the habitual traffic offender rules.

One change is coming: a law signed in 2026 will require interlock restricted licenses for most first time offenders starting in mid 2027, while easing some waiting periods. The rules in this area shift, which is one more reason to get current advice rather than relying on what happened to a friend years ago.

The interlock, in plain terms

An ignition interlock is a breath testing device wired to your car. You blow into it to start the engine, and it records every result. You pay for installation and monthly monitoring, though Colorado has financial assistance for lower income drivers.

Level II education and therapy

Nearly every impaired driving sentence, and most license reinstatements, require alcohol classes. Level II education is 24 hours of class time spread over at least 12 weeks. Depending on your evaluation, Level II therapy adds between 42 and 86 more hours across four tracks. It is a real time commitment, and planning for it early makes sentencing and reinstatement go more smoothly.