TL;DR: If you're under 21, Colorado takes drinking and driving seriously—zero tolerance, strict BAC limits, and serious consequences that could follow you for years. Knowing the laws helps you stay safe, confident, and in control.
You've Got the Keys. Now Let's Talk Responsibility
Getting your driver's license is a major milestone—freedom, independence, and a whole lot of new experiences. But with that freedom comes serious responsibility. One of the most important rules to understand early on? Colorado's DUI laws.
These laws aren't meant to scare you. They exist to keep you—and everyone around you—safe. Whether you're navigating teen parties, prescription meds, or confusing rules about marijuana, this guide will walk you through what counts as DUI in Colorado, what the penalties look like, and how to stay out of trouble with simple, smart choices.
What Does "Driving Under the Influence" Mean in Colorado?
In Colorado, DUI doesn't just mean being drunk. It covers alcohol, marijuana, prescription meds, or any combo that affects your ability to drive.
Here's a quick breakdown:
DUI (Driving Under the Influence): You're considered "substantially incapable" of safe driving due to alcohol or drugs. Confirmed by an officer's observation and usually a chemical test.
DWAI (Driving While Ability Impaired): Your driving is affected even just "to the slightest degree." One drink can be enough.
UDD (Underage Drinking and Driving): If you're under 21, even a BAC of 0.02% can get you charged.
DUID (Driving Under the Influence of Drugs): Impairment from any drug—legal or not—can result in arrest. For marijuana, 5+ nanograms of THC in your blood creates a legal inference of impairment.
Understanding BAC Limits: Zero Tolerance for Underage Drivers
Blood Alcohol Content (BAC) measures how much alcohol is in your bloodstream. Colorado's laws vary based on age and BAC level.
For Drivers Under 21:
0.02%–0.049% BAC (UDD): Triggers an underage drinking and driving charge.
For All Drivers (Including Under 21):
0.05%–0.079% BAC (DWAI): Even if you feel okay, you're still legally impaired.
0.08% or Higher (DUI Per Se): At this level, you're automatically considered under the influence.
0.15% or Higher: You're labeled a Persistent Drunk Driver (PDD), even on a first offense. This comes with mandatory treatment and a 2-year ignition interlock requirement.
Even If You Think You're Fine to Drive…
Even if you feel "sober enough," impairment starts with the first drink.
Even if you've only used marijuana hours ago, traces in your system can still affect your reaction time—and trigger a DUI.
Even if it's "just one time," the penalties don't care. The law applies every single time you get behind the wheel.
Don't wait to learn the hard way. Understanding the serious consequences of underage DUI charges can help you make smarter choices from the start. One mistake can lead to license loss, sky-high insurance rates, and a criminal record.
What Are the Real Penalties for DUI, DWAI, and UDD?
First UDD Offense (BAC 0.02%–0.049%):
License revoked for 3 months
Up to $150 fine
Up to 24 hours community service
4 license points
Mandatory alcohol evaluation and education
First DWAI vs. First DUI vs. Second Offense: How Penalties Compare
Penalties for impaired driving in Colorado vary based on the type of offense and whether it's your first or second time.
A first DWAI (Driving While Ability Impaired) may result in 2 to 180 days in jail, fines between $200 and $500, 24 to 48 hours of community service, and 8 license points. Unlike a DUI, a first DWAI does not result in automatic license revocation.
A first DUI (Driving Under the Influence) carries heavier consequences: 5 days to 1 year in jail (10-day minimum if BAC is 0.20% or higher), $600 to $1,000 in fines, 48 to 96 hours of community service, mandatory 9-month license revocation, and 12 license points. An ignition interlock device may be required for early license reinstatement.
A second DUI or DWAI comes with mandatory jail time (10 days to 1 year, with a mandatory 10-day minimum), increased fines, longer community service, and up to a 1-year license revocation—especially if the prior offense occurred within the last 5 years.
You can find a detailed breakdown in the Colorado drunk driving laws summary published by the Colorado General Assembly.
For information on how DUI arrests trigger criminal and DMV actions, visit the Colorado DMV's official process page.
What Happens If You're Arrested for DUI?
Here's how the legal process works:
Traffic Stop: An officer must have probable cause (like swerving) to pull you over.
Field Tests & Chemical Test: If suspected of DUI, you'll take sobriety tests and a breath/blood test under Colorado's Express Consent Law.
License Seizure: If you fail/refuse the test, your license is seized. You get a 7-day permit.
DMV Hearing: You have just 7 days to request a hearing to keep your license. Missing this = automatic revocation.
Criminal Case: You'll also face a court case with potential fines, jail, or treatment.
License Suspension and Getting Back on the Road
Colorado has two tracks: DMV (administrative penalties) and court (criminal penalties). You can lose your license even if you win your court case.
Reinstatement Basics:
Pay a reinstatement fee
Show proof of SR-22 insurance
Complete alcohol education/treatment
Install an Ignition Interlock Device (IID), if required
Express Consent Law: What It Means for You
Driving in Colorado = agreeing to BAC testing if an officer suspects impairment. Refusing?
1-year automatic revocation (longer than a DUI!)
PDD status with mandatory interlock and treatment
Refusal can be used in court as evidence of guilt
Learning about how strict DUI laws work can help you understand why refusing a test is a serious mistake.
The Long-Term Fallout of a DUI Conviction
Insurance: Major rate hikes, plus SR-22 filing. Research shows how new driver insurance rates are determined, and a DUI conviction can dramatically increase your premiums for years.
College: Risk to admissions and scholarships
Jobs: Especially risky for any role requiring driving or background checks
Travel: Countries like Canada may deny entry
Smart Choices That Keep You Safe
Avoiding a DUI is simple when you plan ahead:
Designate a Driver: Choose someone sober before the night starts
Use Rideshare: Keep Uber or Lyft installed and ready
Call Home: Arrange a no-judgment pickup plan with a trusted adult
Don't Risk It: Any drinking = no driving
Understanding facts and laws about drinking and driving reinforces why these simple steps matter—approximately 32 people die every day in drunk driving accidents.
Helpful Resources
Colorado DMV: Licensing, revocation, reinstatement
Colorado General Assembly: State laws and CRS references
Driver Education Programs: Learn the rules, gain confidence. Understanding Colorado's teen and adult driver's education differences can help you choose the right program.
Final Thoughts: Drive Smarter, Drive Sober
Knowing Colorado's DUI laws gives you power—the power to make better decisions, protect your future, and build lifelong safe driving habits. A single bad call can cost you years of opportunities. But smart, prepared choices? They'll take you anywhere you want to go.
