First DUI in Colorado

A first driving under the influence charge should not be treated as a minor traffic matter simply because it is ordinarily prosecuted as a misdemeanor. A conviction can result in jail, probation, fines, community service, alcohol or drug treatment, a driver’s-license revocation, and an ignition interlock requirement. The case may also affect employment, professional licensing, insurance rates, and a person’s ability to drive to work or care for their family.

Colorado recognizes several impaired-driving offenses, including driving under the influence, driving with a blood alcohol concentration of at least 0.08—known as DUI per se—and driving while ability impaired. These laws apply to impairment caused by alcohol, controlled substances, prescription medications, marijuana, or a combination of substances. A person can therefore face a first DUI charge even when alcohol was not involved.

Anyone arrested for a first DUI or DWAI should consider contacting an experienced Denver DUI defense attorney as early as possible. The criminal prosecution and the DMV license proceeding are separate matters with different deadlines, evidence, and possible outcomes. Acting quickly may allow an attorney to preserve evidence, request a DMV hearing, investigate the traffic stop, and challenge chemical-testing results.

Denver First Offense DUI Attorney

The penalties for a first DUI can extend far beyond the courtroom. A conviction may interfere with your ability to work, attend school, maintain insurance, or fulfill family responsibilities. It can also become the first prior offense used to increase the penalties for any later impaired-driving case.

Attorney Matthew Martin can examine every stage of the investigation, including the reason for the traffic stop, the officer’s observations, field sobriety testing, body-camera footage, breath-testing procedures, blood-sample handling, and compliance with Colorado’s express-consent law. Where the evidence is unreliable or was obtained unlawfully, he can seek its suppression or exclusion.

Call The Law Office of Matthew Martin at 303.725.0017 to schedule a free initial consultation. The Law Office of Matthew Martin represents clients throughout the greater Denver area, including Denver County, Douglas County, Adams County, Boulder County, Arapahoe County, Jefferson County, and Broomfield County.

Overview of First DUI Offenses in Colorado

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What Is a First DUI Under Colorado Law?

A first DUI generally means that the accused has no previous convictions for DUI, DUI per se, DWAI, or a substantially similar impaired-driving offense. Colorado does not limit its review to prior convictions entered within a short lookback period. An old conviction from Colorado or another jurisdiction may still affect whether the new case is treated as a first or subsequent offense.

A driver commits DUI when alcohol, drugs, or a combination of substances affects the person to a degree that they are substantially incapable of safely operating a vehicle. Prosecutors do not always need a chemical test showing a particular concentration. They may attempt to prove impairment through driving behavior, physical appearance, speech, balance, field sobriety exercises, admissions, drug evidence, and officer observations.

A person may be prosecuted even when the vehicle was not moving at the moment police arrived. Colorado law applies to driving or being in actual physical control of a motor vehicle. Whether someone had actual physical control may depend on facts such as where the person was located, whether the engine was running, where the keys were, and whether the vehicle was operable.

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What Is the Difference Between DUI, DUI Per Se, and DWAI?

Driving Under the Influence – DUI involves operating or controlling a vehicle while substantially incapable of exercising clear judgment, sufficient physical control, or due care because of alcohol, drugs, or both.

DUI Per Se – DUI per se applies when a driver’s blood alcohol concentration is at least 0.08 within the legally relevant period after driving. The prosecution may pursue this charge based on the alcohol concentration itself, even when the accused argues that they did not appear severely impaired.

Driving While Ability Impaired – DWAI applies when alcohol, drugs, or both affect a person to the slightest degree so that the person is less able than usual to operate a vehicle safely. The standard is lower than the standard used for DUI.

A blood alcohol concentration above 0.05 but below 0.08 may support an inference that a driver’s ability was impaired, although the prosecution may rely on other evidence regardless of the test result. A BAC below 0.05 does not necessarily prevent a prosecution, particularly in cases involving drugs or a combination of substances.

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What Happens After a First DUI Arrest?

A first DUI arrest normally creates two separate proceedings:

  1. A criminal case in county court; and
  2. An administrative driver’s-license case through the Colorado Division of Motor Vehicles.

The criminal case begins when the driver receives a summons or is arrested and ordered to appear in court. The district attorney then decides which charges to pursue. The criminal court can impose jail, probation, fines, community service, treatment, and other sentencing conditions.

The DMV proceeding determines whether the person’s driving privileges will be revoked or restricted. The DMV case can continue even if the criminal charge is later reduced or dismissed. Likewise, winning the DMV hearing does not automatically resolve the criminal prosecution. Colorado’s DMV expressly treats the court and administrative processes as separate proceedings.

After the arrest, the driver may also be subject to a mandatory protection order. Although the exact terms vary, the order may require the person to avoid new criminal offenses and may restrict alcohol or controlled-substance use while the case is pending.

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Penalties for a First DUI in Colorado

A first DUI or DUI-per-se conviction is a misdemeanor. The possible statutory penalties generally include:

  • Five days to one year in county jail;
  • A fine of $600 to $1,000;
  • Forty-eight to ninety-six hours of useful public service;
  • Probation;
  • An alcohol and drug evaluation;
  • Alcohol or drug education and treatment;
  • Court costs and statutory surcharges; and
  • A nine-month driver’s-license revocation.

The court may suspend the minimum jail sentence when the defendant completes the required evaluation and successfully complies with an appropriate alcohol or drug treatment program. Whether jail is actually imposed depends on the facts, the person’s history, aggravating circumstances, compliance with bond conditions, and the negotiated or litigated outcome of the case.

A DUI conviction also places twelve points on a Colorado driving record. Because twelve points can independently trigger a point-based suspension for an adult driver, the licensing effects should be analyzed together with the separate alcohol-related revocation.

Court fines are only part of the total financial cost. A defendant may also be responsible for evaluation and treatment expenses, probation supervision, chemical testing, community-service costs, reinstatement fees, increased insurance premiums, SR-22 coverage, towing, vehicle storage, and ignition-interlock installation and monitoring.

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Penalties for a First DWAI in Colorado

A first DWAI is also a misdemeanor, but its statutory sentencing range is lower than that of a first DUI. Possible penalties generally include:

  • Two to 180 days in county jail;
  • A fine of $200 to $500;
  • Twenty-four to forty-eight hours of useful public service;
  • Probation;
  • An alcohol and drug evaluation;
  • Required education or treatment; and
  • Court costs and surcharges.

A DWAI conviction ordinarily results in eight driver’s-license points rather than the automatic nine-month alcohol revocation associated with a first DUI conviction. However, a separate DMV action may still exist if the driver’s chemical test showed a BAC of at least 0.08 or the driver refused testing.

A plea reduction from DUI to DWAI can lessen some immediate consequences, but it does not erase the impaired-driving history. A DWAI conviction can count as a prior offense if the person is charged with impaired driving again.

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High-BAC and Persistent Drunk Driver Consequences

A person whose blood alcohol concentration was 0.15 or higher may be designated a persistent drunk driver even when it is their first DUI case. A first chemical-test refusal can also result in the same designation. Colorado lowered the high-BAC threshold for this designation from 0.17 to 0.15.

Persistent drunk driver consequences can include:

  • Level II alcohol and drug education and treatment;
  • An ignition-interlock-restricted license;
  • A longer interlock period;
  • SR-22 insurance requirements;
  • Additional reinstatement requirements; and
  • More demanding probation or monitoring conditions.

For a first DUI involving a BAC of at least 0.15, the ignition interlock period can generally extend for at least two years. The high-BAC designation can therefore impose requirements more commonly associated with repeat impaired-driving cases.

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Can You Lose Your License After a First DUI?

Yes. A first violation involving a chemical test of at least 0.08 generally results in a nine-month DMV revocation. This administrative action is separate from the criminal sentence and may begin before the court case is resolved.

For qualifying violations occurring on or after January 1, 2023, an eligible adult Colorado resident may be able to seek early reinstatement with an ignition-interlock-restricted license beginning on the first day the revocation becomes active. The driver must satisfy the DMV’s reinstatement requirements and install an approved device in every vehicle they own or may operate.

For a first offense with a BAC below 0.15, the revocation and the nine-month interlock requirement may run concurrently. A high-BAC driver may face a two-year interlock requirement. The precise requirements depend on the violation date, test result, age of the driver, other license restraints, and whether testing was refused.

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Colorado DMV Hearings

A driver who receives a notice of revocation from a police officer generally has seven days to request a DMV hearing. Missing this deadline can cause the revocation to take effect without a hearing. If the physical license was not surrendered during the arrest, it may need to be surrendered before a temporary permit is issued.

At the hearing, the DMV may consider issues such as:

  • Whether the officer had reasonable grounds to believe the person drove under the influence or while impaired;
  • Whether the person drove or was in actual physical control of a vehicle;
  • Whether the chemical test showed a prohibited BAC;
  • Whether the person refused a lawful test;
  • Whether the officer complied with required procedures; and
  • Whether the test result and supporting documents are reliable.

An attorney may obtain DMV records, subpoena witnesses, cross-examine the officer, and present evidence. Testimony obtained at the administrative hearing may also help identify inconsistencies or defenses relevant to the criminal case.

If the driver wins, the particular DMV revocation at issue may be set aside. However, separate licensing consequences could later result from a criminal conviction.

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What Happens If You Refuse a Chemical Test?

Colorado’s express-consent law generally requires a driver to cooperate with a lawfully requested breath or blood test when an officer has reasonable grounds to believe that alcohol or drugs impaired the person’s driving. A roadside portable breath test ordinarily does not satisfy the formal express-consent requirement.

A first refusal generally results in:

  • A one-year driver’s-license revocation;
  • A persistent drunk driver designation;
  • Level II alcohol and drug education and treatment;
  • An SR-22 insurance requirement; and
  • At least two years with an ignition-interlock-restricted license after reinstatement.

An eligible adult Colorado resident may generally seek early reinstatement after serving two months of the refusal revocation, but must then comply with the interlock requirements.

A refusal does not necessarily prevent a criminal prosecution. Prosecutors may rely on driving behavior, field sobriety exercises, statements, body-camera footage, physical symptoms, drug evidence, and the refusal itself. In some circumstances, the prosecution may argue that the refusal demonstrates consciousness of guilt.

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First DUI Involving Marijuana or Other Drugs

Colorado’s DUI laws apply to controlled substances, prescription medications, marijuana, and combinations of drugs and alcohol. A person can be prosecuted even when they had a valid prescription or lawfully purchased marijuana. Legal authorization to possess a substance does not authorize impaired driving.

Drug-related cases differ from alcohol cases because there may not be a universally decisive concentration establishing impairment. Colorado law permits prosecutors to use a blood delta-9 THC result of five nanograms or more per milliliter to seek a permissible inference concerning impairment, but the number does not automatically establish guilt. The defense may challenge whether the result accurately reflected the driver’s condition at the time of driving.

Evidence in a drug-DUI case may include:

  • Driving behavior;
  • Admissions concerning drug use;
  • Blood-test results;
  • Prescription bottles or suspected drugs;
  • Physical symptoms;
  • Field sobriety exercises;
  • A drug-recognition evaluation;
  • Body-camera recordings; and
  • Expert testimony concerning toxicology and impairment.

A blood test can sometimes detect inactive metabolites or substances consumed well before driving. The existence of a drug in a person’s system therefore does not always establish that it impaired the person’s ability to drive.

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First Underage Drinking and Driving Charge

Drivers under 21 are subject to Colorado’s underage drinking and driving law. A first Underage Drinking and Driving violation generally applies when an underage driver has a BAC of at least 0.02 but no more than 0.05.

A first UDD is generally treated as a class A traffic infraction and may result in:

  • A fine;
  • Up to twenty-four hours of community service;
  • Four driver’s-license points; and
  • A three-month license suspension.

An underage driver may instead face DUI, DUI per se, or DWAI when the evidence satisfies the elements of those offenses. Being under 21 does not limit the prosecution to a UDD infraction.

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Common Defenses to a First DUI

A first DUI charge does not automatically result in a conviction. The available defenses depend on how the investigation occurred and what evidence the prosecution intends to use.

Lack of a Lawful Traffic Stop – An officer generally needs a legally sufficient basis to stop a vehicle. Evidence obtained after an unconstitutional stop may be subject to suppression.

Insufficient Evidence of Driving or Control – The prosecution must establish that the accused drove or had actual physical control of the vehicle. This may be disputed when police arrived after the vehicle had stopped or found the accused outside or asleep inside it.

Unreliable Field Sobriety Exercises – Road surface, weather, footwear, injuries, medical conditions, fatigue, anxiety, age, and unclear instructions can affect performance. Field sobriety exercises do not directly measure a person’s BAC.

Improper Breath Testing – The defense may examine whether the instrument was approved, maintained, checked, and operated correctly. Mouth alcohol, medical conditions, radio-frequency interference, procedural errors, and inadequate observation may affect reliability.

Problems With a Blood Sample – Blood evidence may be challenged based on collection, labeling, storage, transport, contamination, fermentation, chain of custody, laboratory procedures, or analytical uncertainty. Independent testing may produce additional information.

Rising Blood Alcohol – A person’s BAC can continue increasing after they stop driving. A later test may not accurately establish that the BAC was at least 0.08 while the person was operating the vehicle.

Alternative Explanations for Observed Symptoms – Red eyes, an odor of alcohol, slurred speech, poor balance, confusion, or fatigue may have medical or innocent explanations.

Insufficient Proof of Drug Impairment – Detecting a drug or metabolite does not necessarily prove that it impaired driving. The timing of consumption, tolerance, dosage, metabolism, and expert interpretation may be important.

Failure to Follow Express-Consent Procedures – The defense may dispute whether the officer had reasonable grounds, properly advised the driver, gave a valid testing choice when required, or handled an alleged refusal correctly.

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Can a First DUI Be Reduced or Dismissed?

A first DUI may potentially be dismissed or reduced when the evidence is insufficient, unlawfully obtained, scientifically unreliable, or contradicted by other information. Possible negotiated outcomes can include a plea to DWAI, reckless driving, or another offense, depending on the facts and the district attorney’s position.

Colorado law limits plea bargaining in impaired-driving cases. A prosecutor generally must have a good-faith basis to believe that the DUI charge cannot be proven beyond a reasonable doubt before agreeing to certain reductions. A reduction is therefore not guaranteed merely because it is the defendant’s first offense.

The strength of the defense may depend on evidence that should be obtained quickly, including body-camera recordings, dispatch audio, surveillance footage, witness accounts, maintenance documents, and blood samples.

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Will a First DUI Require Alcohol Education or Treatment?

A person convicted of DUI or DWAI normally must undergo an alcohol and drug evaluation. The evaluation is used to determine the appropriate education and treatment requirements.

Depending on the test result, driving history, evaluation, and court order, the person may be placed in Level I or Level II programming. Level II can include education followed by therapy over a period determined by the assigned track. Persistent drunk drivers and people seeking reinstatement after certain revocations may be required to complete Level II programming through the DMV even when the criminal court’s requirements differ.

Failure to enroll, attend, or complete treatment can violate probation and delay restoration of full driving privileges.

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Ignition Interlock Requirements After a First DUI

An ignition interlock device connects to a vehicle’s ignition system. Before starting the vehicle, the driver must provide a breath sample. Additional samples may be required while the vehicle is being operated. If the device detects alcohol above its threshold, the vehicle may not start or the event may be recorded and reported.

For qualifying first offenses occurring on or after January 1, 2023:

  • A driver with a BAC below 0.15 may be eligible for immediate early reinstatement with a nine-month interlock requirement;
  • A driver with a BAC of 0.15 or higher may face a two-year requirement; and
  • A driver who refused testing may generally seek early reinstatement after two months but must maintain an interlock-restricted license for at least two years.

Driving a vehicle that does not have the required device, attempting to bypass the device, failing to report for service, or repeatedly failing breath tests can result in additional suspension or extension of the interlock period. The device must generally be serviced at required intervals.

Colorado offers limited financial assistance for qualifying first-time offenders and persistent drunk drivers who cannot afford the full cost of ignition interlock. Eligibility and available funding are determined through the state program.

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Collateral Consequences of a First DUI

The court sentence and DMV revocation are not the only potential consequences. A first DUI may also affect:

  • Automobile insurance rates and eligibility;
  • Employment requiring driving;
  • Commercial driving privileges;
  • Professional licenses;
  • Security clearances;
  • College or professional-school discipline;
  • Rental-car access;
  • International travel;
  • Immigration status;
  • Child custody disputes; and
  • Future criminal sentencing.

A DUI conviction remains relevant if the person is accused of another impaired-driving offense. Colorado can consider previous DUI and DWAI convictions when deciding whether a later case is a second, third, or felony offense.

Colorado recognizes that criminal convictions can also create employment, licensing, housing, and public-benefit consequences beyond the court-imposed sentence. These are commonly described as collateral consequences.

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Can a First DUI Conviction Be Sealed?

A Colorado DUI or DWAI conviction generally cannot be sealed through the ordinary conviction-sealing process. This means it may remain publicly available even after the person completes probation and satisfies all sentencing conditions.

A case that is dismissed or ends in an acquittal may be eligible for sealing under Colorado’s non-conviction record-sealing procedures. Eligibility depends on the complete outcome of the case, including whether any related charge resulted in a conviction.

Because a DUI conviction normally cannot be sealed, avoiding an unjust conviction at the beginning of the case can be especially important.

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Should You Hire an Attorney for a First DUI?

A first DUI involves more than appearing in court and paying a fine. The driver may have only seven days to request a DMV hearing, while evidence useful to the defense may begin disappearing immediately. An attorney can intervene during both the administrative and criminal proceedings.

A DUI defense attorney may:

  • Request and conduct the DMV hearing;
  • Investigate whether the traffic stop was lawful;
  • Obtain body-camera, dashboard-camera, and dispatch recordings;
  • Review field sobriety testing;
  • Examine breath-instrument maintenance and certification records;
  • Investigate the collection and testing of blood;
  • Arrange independent toxicology review;
  • Interview witnesses;
  • Challenge an alleged chemical-test refusal;
  • File motions to suppress unlawfully obtained evidence;
  • Negotiate with the district attorney; and
  • Prepare the case for trial when an acceptable resolution is unavailable.

Even when the evidence appears unfavorable, technical, constitutional, or scientific problems may affect whether it is admissible or persuasive. An attorney can also help a client avoid violating bond conditions, protection orders, interlock restrictions, or DMV requirements while the case is pending.

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Additional Resources

Drunk Driving Laws in CO | Colorado Revised Statutes– Visit the official website for the Colorado General Assembly to read up on the legislation pertaining to DUI and DWAI in Colorado. Access the site to learn about how DUI and DWAI is defined, what happens if you refuse a BAC test, penalties for a first DUI, and what factors may enhance sentencing.

DUI DMV Hearing Process | CDOR – Visit the official website for the Colorado Department of Revenue: Division of Motor Vehicles (DMV) to learn more about the administrative hearing for a license suspension in detail. Access the site to look at a flow chart showing the administrative process step by step, how to request a hearing, and other relative information.

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Denver Attorney for a First DUI Offense

A first DUI can threaten your license, finances, employment, and future. The choices made immediately after an arrest may affect both the criminal case and your ability to continue driving. You should not assume that the charge is minor or that a conviction is unavoidable simply because a chemical test showed alcohol or drugs.

Attorney Matthew Martin has more than 30 years of DUI trial experience that he can use to investigate the stop, test results, police procedures, and surrounding circumstances. He can represent you during the DMV hearing, challenge improperly obtained evidence, negotiate with prosecutors, and advocate for you at trial when necessary.

Call The Law Office of Matthew Martin at 303.725.0017 to schedule a free initial consultation. The Law Office of Matthew Martin represents clients in Denver and surrounding communities throughout Douglas County, Jefferson County, Boulder County, Broomfield County, Arapahoe County, and Adams County.

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