Does High Altitude Affect BAC in Colorado Springs? What Drivers Need to Know

No significant effects on performance were obtained due to altitude or to the interaction of altitude with alcohol.

Living at 6,035 feet above sea level, Colorado Springs residents and visitors often wonder whether our Mile High altitude affects blood alcohol content (BAC) readings.

As a criminal defense attorney who has handled hundreds of DUI cases in El Paso County, I frequently encounter this question from clients who claim they “felt more intoxicated” at altitude. The answer might surprise you—and understanding the science could be crucial to your DUI defense.

The Science Behind Altitude and Blood Alcohol Content

The persistent myth that high altitude increases your BAC has been thoroughly debunked by scientific research. When consuming the same amount of alcohol the study found that there was no difference in blood alcohol levels between the two groups (Collins, Mertens, & Higgins, 1987).

This landmark study, conducted by researchers at the FAA Civil Aeromedical Institute, specifically tested subjects at simulated altitudes of 12,500 feet—nearly double Colorado Springs’ elevation.

However, the research is against it. Numerous studies have shown that altitude has no effect on your blood alcohol concentration (BAC). Both high altitude and alcohol do impair your mental performance, but the two do not magically increase the amount of alcohol in your bloodstream when combined. This finding is consistent across multiple peer-reviewed studies spanning several decades.

The Collins, Mertens, and Higgins study remains the gold standard for understanding alcohol effects at altitude. Each of 17 men was trained on 7 tasks in the Multiple Task Performance Battery and then performed over a 2-week period in four experimental sessions: ground level with and without alcohol, and simulated altitude (12,500 ft), with and without alcohol.

The results were clear: There was no synergistic interactive effect of alcohol and altitude on either breathalyzer readings or performance scores.

See:

• https://pubmed.ncbi.nlm.nih.gov/3202783/
• https://pubmed.ncbi.nlm.nih.gov/7369966/

Why People Feel “More Drunk” at High Altitude in Colorado Springs

While your actual BAC doesn’t change at Colorado Springs’ altitude, many people genuinely feel more intoxicated. This phenomenon has several scientific explanations:

1. Dehydration Effects

Colorado Springs’ high-altitude environment causes rapid dehydration. The dry air and increased respiration rate at 6,035 feet leads to faster fluid loss. Alcohol is a diuretic, further accelerating dehydration. While dehydration doesn’t increase your BAC, it can intensify alcohol’s effects on your body and mind.

2. Reduced Oxygen Levels

At Colorado Springs’ elevation, the air contains about 20% less oxygen than at sea level. Your brain receives less oxygen, which can cause symptoms similar to mild intoxication: light-headedness, reduced concentration, and impaired judgment. When combined with alcohol’s effects, these symptoms can feel magnified.

3. Visitor Acclimation Issues

Tourists visiting Colorado Springs from lower elevations face additional challenges. Altitude – Drinks consumed at high altitudes can be nearly twice as potent in their effect for the first few days until the person becomes accustomed to the elevation. However, this “potency” refers to subjective feelings, not actual BAC levels.

Implications for DUI Cases in Colorado Springs

Understanding the relationship between altitude and alcohol is crucial for DUI defense in El Paso County courts. Here’s what Colorado Springs drivers need to know:

BAC Readings Remain Valid

Since altitude doesn’t actually affect blood alcohol content, breathalyzer and blood test results remain scientifically valid at Colorado Springs’ elevation.

These results and those from several other studies suggest that prevalent views regarding the nature of the combined effects of alcohol and altitude on blood levels and on performance are misconceptions.

Colorado Springs police officers and El Paso County prosecutors should be well-aware of these scientific findings. Claiming that altitude affected your BAC reading is not a viable defense strategy in local courts.

The Subjective Experience Defense

However, the subjective experience of feeling more intoxicated at altitude can be relevant in certain circumstances. If you’re visiting Colorado Springs from a lower elevation, you might genuinely have impaired judgment due to altitude effects, even with the same BAC you’d have at sea level. This could be relevant in cases involving:

• Field sobriety test performance
• Decision-making regarding whether to drive
• Understanding of your level of impairment

Colorado Springs Police Training

The Colorado Springs Police Department’s DUI enforcement unit understands that visitors might experience altitude-related symptoms that could affect field sobriety tests. However, they’re also trained to distinguish between altitude effects and alcohol impairment.

Defending DUI Cases in El Paso County Courts

In my experience handling DUI cases throughout Colorado Springs and El Paso County, successful defenses focus on actual legal and procedural issues rather than altitude myths.

Even if you feel a little drunker than usual when you’re visiting Colorado Springs, your BAC is determined by the amount of alcohol you consume in a certain time period. If you feel a little more intoxicated at altitude, maybe it’s a good time to slow down your intake.

Some effective DUI defense strategies include:

1. Challenging Test Accuracy

While altitude doesn’t affect BAC, breathalyzer machines can be affected by Colorado’s dry climate and temperature fluctuations.

Regular calibration issues with devices used by the Colorado State Patrol and Colorado Springs Police Department have led to successful challenges in El Paso County Court. If the machine isn’t certified, out of calibration, or the operator is not certified, the test could be excluded by the Court.

2. Questioning Officer Observations

High altitude can cause legitimate medical symptoms (fatigue, headache, nausea) that might be mistaken for intoxication signs. Experienced Colorado Springs DUI attorneys examine whether officers properly distinguished between altitude-related symptoms and alcohol impairment. Maybe you were out of sorts from the altitude, not the booze when you failed field sobriety tests.

3. Medical Conditions at Altitude

Colorado’s elevation can exacerbate certain medical conditions that affect BAC absorption or metabolism. Conditions like GERD, diabetes, or respiratory issues may be more pronounced at 6,035 feet, potentially affecting test results or officer observations. Let your attorney know if you have any medical conditions.

Practical Advice for Colorado Springs Drivers

Know Your Limits Stay the Same

Your alcohol tolerance doesn’t change at altitude, but your perception might. The same number of drinks that gets you to 0.08% BAC at sea level will have the same effect in Colorado Springs. Plan accordingly and don’t assume you can drink more because you’re at altitude.

Stay Hydrated

Colorado Springs’ dry air increases dehydration risk, which can intensify alcohol’s effects. Drink water between alcoholic beverages, especially during outdoor activities like hiking or attending events at Garden of the Gods or Manitou Springs.

Consider Ride-Sharing Services

With abundant Uber and Lyft availability throughout Colorado Springs, from downtown to the Broadmoor area, there’s no excuse for impaired driving. The cost of a ride home is minimal compared to DUI consequences in El Paso County.

Be Extra Cautious as a Visitor

If you’re visiting Colorado Springs from lower elevations, be especially careful with alcohol consumption. While your BAC won’t be higher, you may feel effects more intensely during your first few days at altitude.

Military Personnel Considerations

Colorado Springs hosts multiple military installations including Fort Carson, the Air Force Academy, Schriever Space Force Base, and Peterson Space Force Base. Military personnel face additional consequences for DUI charges, including potential court-martial proceedings and administrative actions.

Military members should be particularly aware that altitude doesn’t provide any defense against DUI charges. The effects of a DUI or DWAI can be disastrous for your military career.

The Bottom Line for Colorado Springs Residents

The scientific evidence is clear: Colorado Springs’ 6,035-foot elevation does not increase your blood alcohol content. While you might feel more intoxicated due to dehydration, reduced oxygen, or acclimation issues, your actual BAC remains the same as it would at sea level. Colorado’s legal limit of 0.08% applies equally whether you’re in Colorado Springs, Denver or Cripple Creek.

Understanding this science is crucial for making responsible decisions about drinking and driving in our mountain community. When facing DUI charges in El Paso County, work with an attorney who understands both the scientific evidence and local court procedures.

If you’ve been charged with DUI in Colorado Springs or anywhere in El Paso County, don’t rely on altitude myths for your defense. Contact an experienced DUI attorney who can identify legitimate defense strategies based on evidence and Colorado law.

The information in this article is for educational purposes only and does not constitute legal advice. Individual cases require analysis by a qualified Colorado attorney.

The post Does High Altitude Affect BAC in Colorado Springs? What Drivers Need to Know first appeared on McDowell Law Firm.

from McDowell Law Firm https://mcdowellfirm.com/does-high-altitude-affect-bac-in-colorado-springs/
https://mcdowellfirm.com/practice-area/dui-defense/

Can I Refuse a Breathalyzer Test in Colorado Springs

You got pulled over in Colorado Springs. The officer suspects DUI and asks you to take a breathalyzer test. Your mind races: Can I refuse? Should I refuse? What happens if I say no?

The answer is yes, you can refuse a breathalyzer test in Colorado. But refusal comes with serious consequences that could be worse than taking the test and failing it.

Here’s what you need to know about refusing chemical tests in Colorado and how it affects your case and your license.

Understanding Colorado’s Express Consent Law

Colorado is an express consent state. By driving on Colorado roads, you have already consented to chemical testing if an officer has probable cause to believe you’re under the influence. This means:

• You agreed to testing when you got your license
• Refusal triggers automatic penalties
• Police can still obtain a warrant for your blood

The express consent law applies to evidentiary chemical tests, not to roadside preliminary breath tests. (PBTs)

Two Types of Breath Tests: Know the Difference

1. Preliminary Breath Test (PBT)

• Administered roadside during the investigation
• Small, handheld device
• Results are not admissible in court for prosecution
• You can refuse with no legal penalty
• Officer may still arrest you based on other observations

2. Evidentiary Breath Test (Intoxilyzer)

• Administered at the police station after arrest
• Large, calibrated machine (usually Intoxilyzer 9000)
• Results are admissible in court
• Refusal triggers express consent penalties
• This is the test that matters for your case and license

Many people confuse these two tests. The roadside PBT has no legal consequences for refusal. The station breath test does.

Should you refuse the PBT (handheld roadside test)? YES. If you’ve had anything to drink, taking the PBT is not a good decision.

Consequences for Refusing a Breathalyzer Test

When you refuse the evidentiary breath or blood test at the station, several things happen immediately:

1. Automatic License Revocation

• First refusal: 1-year license revocation
• Second or subsequent refusal: 2-year revocation
• No exceptions for work or family needs (before early reinstatement)

2. Evidence Against You

• Prosecution can use your refusal as evidence of guilt
• Jury instruction allows inference of consciousness of guilt
• “Why would an innocent person refuse?”

Can Police Force You to Take a Test?

Yes. If you refuse, police can obtain a search warrant for your blood. Here’s how it works:

Warrant Process

• Officer calls a judge
• Officer provides sworn testimony about probable cause
• Judge can issue warrant relatively quickly
• Medical personnel draw blood at hospital or jail

Forced Blood Draws

• Police can physically restrain you for blood draw
• Medical professionals perform the procedure
• Refusal to cooperate can result in additional charges

The warrant process means refusal doesn’t prevent testing.

License Consequences: Refusal vs. Failure

If You Refuse:

• 1-year license revocation (first offense)
• Not eligible for early reinstatement for 2 months
• Must serve minimum 2 months with no driving
• Ignition interlock required for 2 years after reinstatement

If You Take and Fail (.08 or higher):

• 9-month license revocation (first offense)
• Eligible for early reinstatement after 30 days
• Ignition interlock required for 8 months minimum
• Lower reinstatement fees

Note: Refusal results in longer license loss and extended interlock requirements.

Ignition Interlock Differences

After Refusal

• 2 years of ignition interlock required
• Cannot reduce time period
• Expensive monitoring fees for full 2 years

After Failed Test:

• 8 months ignition interlock (standard BAC)
• 2 years for high BAC (.15 or higher)
• Possible early removal with no hot or missed tests

For most people, the extended interlock period after refusal is more burdensome than the initial license suspension. It’s expensive, embarrassing, and a pain to have to continually blow into the IID.

Pros and Cons of Refusing

Potential Advantages of Refusal:

• No exact BAC number for prosecution to use
• Forces state to prove impairment through observations only
• May avoid “high BAC” enhancements if you were significantly over .08, including mandatory jail for over .20, even on a first offense.

Disadvantages of Refusal:

• Automatic 1-year license revocation vs. 9 months for failure
• 2-year interlock requirement vs. 8 months
• Refusal can be used as evidence of guilt
• Police will likely get warrant for blood anyway
• Enhanced criminal penalties if convicted
• No early reinstatement for first 2 months

The Reality: For most people, the disadvantages outweigh the advantages. The licensing penalties alone make refusal costlier than taking and failing the test. This is not a recommendation for either refusing or participating in a chemical test. It is simply informational, and an explanation of pros/cons.

Should You Refuse a Breathalyzer Test: When Refusal Might Make Sense

Refusal is rarely beneficial, but consider these scenarios:

1. Very High BAC Cases

• If you believe your BAC is significantly over .20
• High BAC cases carry enhanced penalties

2. Multiple Prior DUI Convictions

• If you’re facing felony DUI charges
• Prison time may be inevitable regardless
• Avoiding exact BAC might help at sentencing

3. Medical Conditions

• If you have conditions that affect breath testing
• GERD, diabetes, dental work can cause false readings
• Blood test via warrant might be more accurate

Common Misconceptions About Refusal

Myth: “I can’t be convicted without a breath or blood test.” Truth: Colorado convictions are possible based on officer observations, field sobriety tests, and other evidence.

Myth: “Refusal protects me from DUI charges.” Truth: Refusal can make cases harder to defend (on a case-by-case basis). If you refuse a chemical test, refuse roadside tests as well. Don’t give the prosecution more evidence.

Myth: “They can’t make me take a blood test.” Truth: Warrants allow forced blood draws in refusal cases.

Myth: “I can refuse everything with no consequences.” Truth: You can still be charged with a DUI if you refuse chemical tests and roadside tests (FSTs).

What Happens if You Refuse to Take a Breathalyzer Test?

1. Immediate Consequences

• Officer confiscates your license
• You receive a temporary driving permit (7 days) in the form of an Express Consent Notice and Affidavit.
• Must request DMV hearing within 7 days or face automatic revocation (“forfeit” after 7 days, and suspension will go active)

2. DMV Hearing Process

• Separate from criminal case
• Focus on whether you refused a lawful test
• Officer must prove you refused after proper advisement
• Very difficult to win refusal hearings

3. Criminal Case Impact

• Prosecutor will likely seek warrant for blood test
• Refusal becomes evidence against you
• Enhanced penalties if convicted
• More difficult plea negotiations

Your Rights During Chemical Testing

You Have the Right To

• Choose between breath and blood test (if offered)
• Understand the consequences of refusal
• Recant your refusal in many situations

You Cannot

• Delay testing unreasonably
• Demand a specific type of test

Officer Must Advise You

• Of express consent consequences
• That refusal will result in license revocation
• That refusal can be used as evidence against you

Getting Legal Help After Refusing a Breathalyzer Test

If you refused a chemical test in Colorado Springs, you need experienced legal representation immediately. The stakes are high:

• Your license revocation hearing is soon
• Criminal charges are pending
• Evidence rules are complex in refusal cases
  

An experienced DUI attorney can:

• Challenge the validity of your refusal
• Fight the validity of the stop or police contact
• Negotiate reduced charges despite refusal
• Minimize license consequences where possible
• Present alternative explanations for refusal
• Defend your charges in Court

Refused a Breathalyzer Test? Your Next Steps

Refusing a breathalyzer test in Colorado Springs creates serious consequences that often outweigh any benefits. The enhanced license penalties/criminal sanctions, and evidentiary issues make the decision an important part of your case.

If you already refused, don’t panic. Experienced legal counsel can still protect your rights and fight for the best possible outcome. The key is acting quickly to address both your criminal case and license hearing.

Contact our Colorado Springs DUI defense team today to discuss your refusal case. We understand the Colorado laws on breathalyzer test refusal and know how to build the strongest possible defense for your situation. Time is critical in refusal cases, so don’t wait to get the help you need.

The post Can I Refuse a Breathalyzer Test in Colorado Springs first appeared on McDowell Law Firm.

from McDowell Law Firm https://mcdowellfirm.com/can-i-refuse-a-breathalyzer-test-in-colorado-springs/
https://mcdowellfirm.com/practice-area/dui-defense/

Can I Drive After a DUI Arrest in Colorado?

You got arrested for DUI in Colorado. Now you have one urgent question: Can I still drive?

Losing your ability to drive means losing your independence, your job, and your livelihood. The answer depends on what happened during your arrest, what test you took or refused, and whether you act quickly to protect your license.

Here’s what you need to know about driving after a DUI arrest in Colorado.

Colorado’s Express Consent Law

Colorado is an express consent state. By driving on Colorado roads, you already agreed to submit to a chemical test if an officer has probable cause to believe you are under the influence. That test may be a breath test at the station or a blood draw.

When you are arrested for DUI, the officer will confiscate your physical driver’s license. They will issue you a Notice of Express Consent Affidavit and Notice of Revocation. This paper is your temporary license. It allows you to continue driving legally for seven days, unless you request a hearing.

The 7-Day DMV Hearing Deadline

You have only 7 days from your arrest date to request a Division of Motor Vehicles (DMV) hearing. This applies if you took a breath test or refused testing.

• If you do not request the hearing within that timeframe, your license will be automatically revoked
• If you request the hearing on time, the DMV will issue a new temporary license valid until your hearing date

This gives you additional time to drive legally.

For blood test cases, the process differs. Your license is not immediately revoked. You will be notified later by mail if your results show an unlawful blood alcohol concentration (BAC). You then have a short window to request a hearing.

Driving While Your Case is Pending

You can continue to drive legally in Colorado as long as you have your temporary license from the express consent affidavit. You must also properly request your DMV hearing if required. You can drive until your hearing is held.

At the hearing, the DMV will decide whether to revoke your license. This hearing is separate from your criminal case. It focuses only on whether your license should be suspended.

License Revocation Periods

If the DMV finds against you, your driving privileges can be revoked:

• First offense (BAC .08 or more): 9-month revocation
• Refusal: 1-year revocation
• Second or subsequent DUI: longer revocation periods, often up to 2 years

Early Reinstatement and Driving Privileges

Even if your license is revoked, Colorado law allows many drivers to apply for early reinstatement with conditions. To qualify:

• You must not have refused chemical testing
• You must install an ignition interlock device on your vehicle
• You must obtain SR-22 insurance (special high-risk insurance filing)
• You must pay reinstatement fees to the DMV

Ignition Interlock Requirements

• The ignition interlock device is a breathalyzer installed in your car. It requires a clean breath sample before starting.
• First offense DUI (BAC between .08 and .149): You may reinstate early after 30 days with interlock for at least 8 months
• High BAC (0.15 or greater): Designated as a “persistent drunk driver,” requiring 2 years of interlock and mandatory alcohol education/treatment
• Second offense DUI: 2 years of interlock minimum
• Refusals: Not eligible for early reinstatement; must serve full 1-year revocation before applying for interlock reinstatement

Why Acting Quickly Matters

Can you drive after a DUI before court date? Many drivers wait to “see what happens” in their court case before addressing their license. This is a mistake.

The DMV process runs on its own timeline. It does not wait for your court case to resolve. Court and the DMV are independent actions. You could win one and lose the other on the exact same facts. They have different standards of proof.

Court is “beyond a reasonable doubt.” At the DMV hearing, the standard is “preponderance of the evidence.”

Failing to request a DMV hearing within the 7-day deadline means automatic license revocation. This happens no matter what happens in court. By acting quickly, you preserve your driving privileges while your case works through the system.

Common Questions About Driving After a DUI Arrest

1. Can I drive the morning after a DUI arrest?

Yes, if you still have the temporary license (express consent affidavit) and your 7 days have not expired, or if you requested a DMV hearing.

2. If I refused the test, can I drive?

Only until the 7-day window expires, unless you requested the hearing. After that, your license is revoked for one year. You are eligible for early reinstatement after 2 months. You will have conditions to reinstate (SR-22, alcohol treatment, fees), and you must maintain an Interlock device for two years.

3. What does the 1-year revocation mean if I can get my license back after 2 months?

You will be issued a restricted license if you do early reinstatement. You have to carry the Interlock for 2 whole years either way. Whether you do early reinstatement or wait, you still have to carry the Interlock for two years. In practice, it doesn’t mean much. Be thankful that they have the early reinstatement option.

4. If I win my DMV hearing, do I keep my license?

Yes. If the DMV hearing officer rules in your favor, you keep your driving privileges unless you receive penalties in the criminal case that later imposes its own suspension. There are two ways to lose your license: DMV administrative hearing or the criminal case.

Can You Drive After Getting a DUI: Your Next Steps

After a DUI arrest in Colorado, you can still drive legally. This only works for a limited time and only if you act quickly. The key steps are:

• Understand that your Notice of Express Consent Affidavit is your temporary license
  
• Request a DMV hearing within 7 days if you took a breath test (.08 or greater for adults) or refused testing
  
• With a blood test, the 7-day window does not apply, as the blood test will take months to come back. The DMV will only file on you if your result was .08 or greater within 2 hours of the time of driving
  
• Consider your eligibility for early reinstatement with ignition interlock and SR-22 insurance if your license is revoked

Why You Need a DUI Attorney

The rules around DMV hearings, reinstatement, and interlock periods are complicated. They vary depending on your case. An experienced Colorado Springs DUI lawyer can represent you at the DMV hearing, challenge the evidence against you, and guide you through reinstatement so you can get back on the road as soon as possible.

Don’t let confusion about the DMV process cost you your driving privileges. Contact our office today to discuss your case and protect your license. McDowell Law Firm (719) 227-0022

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Leaving the Scene of an Accident in Colorado: Charges, Penalties, and Common Defenses

You were in a car accident in Colorado. You panicked and drove away. Now you’re facing hit-and-run charges that could cost you your license, your job, and your freedom.

Colorado takes leaving the scene of an accident very seriously. The consequences range from traffic infractions to felonies. The severity depends on the circumstances: property damage only, minor injury, serious bodily injury, or death.

If you’re facing charges for leaving the scene of an accident, you need to understand your legal obligations, potential penalties, and defense options. As a defense attorney and former Deputy DA, I can tell you that hit-and-run charges can have major impacts on your license and, in some cases, your freedom.

Your Legal Duties After an Accident

Colorado law outlines specific duties for drivers under C.R.S. § 42-4-1601 through 1603. The law requires you to:

• Stop immediately at the scene (or as close as possible)
• Provide identifying information (name, address, registration, driver’s license)
• Render reasonable assistance to anyone injured
• Notify law enforcement if the crash involves injury or death

Failing to do these things can result in criminal charges, even if the accident was not your fault. Sometimes it’s not immediately clear who to report to. Example: You hit a parked car, or you drove into a tree or fence. You may need to make a police report about the incident. Speak to an attorney about your specific situation as soon as possible.

Types of Hit-and-Run Charges

1. Property Damage Only

• Statute: C.R.S. § 42-4-1602
• Offense Level: Class 2 traffic misdemeanor
• Penalty: 10 to 90 days in jail and/or $150 to $300 fine
• Points: 12 points on your Colorado driver’s license (enough for suspension)

Even a minor “fender bender” can result in serious license consequences if you drive away without leaving information.

2. Accident Involving Injury

• Statute: C.R.S. § 42-4-1601(1)
• Offense Level: Class 1 traffic misdemeanor
• Penalty: 10 days to 1 year in jail and/or $300 to $1,000 fine
• Points: 12 points (license suspension possible)

This applies when someone is injured but not seriously injured.

3. Serious Bodily Injury (SBI)

• Statute: C.R.S. § 42-4-1601(2)(b)
• Offense Level: Class 4 felony
• Penalty: 2 to 6 years in prison and fines between $2,000 and $500,000
• Points: 12 points (license revocation)

Definition of SBI: Under Colorado law, “serious bodily injury” includes injuries creating a substantial risk of death, permanent disfigurement, or long-term impairment of a body part or organ.

This is one of the most severe hit-and-run charges because lawmakers view your failure to stop as endangering the injured person’s life. Leaving the scene with SBI or death are prison cases in Colorado. A plea deal or conviction will likely include a prison sentence or community corrections.

I’ve seen cases in Colorado Springs that appear to be initially minor accidents that result in death or serious injury. This is why stopping and exchanging information and notifying police is so important. Even if the collision was “accidental,” the crash can cause serious injuries. If you leave, an accident can become a felony.

Careless driving causing death is a traffic misdemeanor. But if you leave the scene (not even knowing the condition of other occupants), and an occupant has SBI or later dies, you’re looking at felony charges with years in prison.

4. Accident Involving Death

• Statute: C.R.S. § 42-4-1601(2)(c)
• Offense Level: Class 3 felony
• Penalty: 4 to 12 years in prison and fines between $3,000 and $750,000
• Points: 12 points (license revocation)

Even if you were not at fault for causing the crash, leaving the scene when someone has died is among the most serious charges short of vehicular homicide.

Remember: Even if you’re not at fault, you could be charged under 42-4-1601. It doesn’t matter who’s at fault. The duty to exchange info, render aid, and notify law enforcement still applies.

Factors That Make Charges Worse

Any hit-and-run is serious in Colorado. A conviction results in 12 points and license suspension. Certain factors make leaving the scene even more serious:

• Serious bodily injury or death (elevates charge from misdemeanor to felony)
• Prior convictions (repeat offenders face harsher penalties)
• Alcohol or drug involvement (prosecutors may pursue DUI or vehicular assault charges)
• Failure to render aid (courts impose heftier sentences)
• Vulnerable victims (pedestrians, bicyclists, children lead to aggressive prosecution)

Long-Term Consequences

Beyond jail time, fines, and license suspension, a conviction brings lasting impacts:

• Insurance Consequences: Insurance companies may cancel or drastically increase rates after a hit-and-run conviction.
• Employment: Professional drivers, commercial license holders, and employees with driving requirements may lose jobs.
• Permanent Record: Felony convictions cannot be sealed and remain on your record for life.

Common Defenses

Every case is unique. Common defenses include:

• Lack of Knowledge: You did not know you had been in an accident (more common with low-impact collisions).
• Emergency Circumstances: You left the scene to obtain urgent medical care.
• Mistaken Identity: Witnesses or investigators misidentified the driver or vehicle.
• No Actual Injury: Proving there was no “serious bodily injury” can reduce a felony to a misdemeanor.

A skilled Colorado Springs defense attorney will examine police reports, witness statements, and medical records to challenge the state’s case.

Why You Need Legal Representation

Colorado law imposes mandatory penalties including license revocation for leaving the scene. These cases should be handled by a trusted traffic defense lawyer.

The difference between a misdemeanor and felony conviction could mean the difference between probation and years in prison.

An experienced defense attorney can:

• Argue for reduced charges (property damage instead of injury)
• Seek probationary or alternative sentencing when appropriate
• Negotiate with prosecutors for outcomes that protect your driving privileges
• Present mitigating evidence about your health, mental state, or lack of intent
• Negotiate for reduced points/charges or a deferred sentence

Frequently Asked Questions

1. What if I didn’t realize I hit something?

Colorado law requires knowledge of the accident to prove the offense. If you genuinely did not know you were in a collision, this may be a valid defense.

Prosecutors must show you were aware (or should have been aware) that the accident occurred. This can be challenging to prove and is very fact-specific.

2. Can I lose my driver’s license for leaving the scene?

Yes. All leaving-the-scene charges carry 12 points, which is enough for the Colorado DMV to revoke your license. Even a first offense involving only property damage can result in suspension of your driving privileges.

For adults, 12 is the magic number to suspend your license. For minors, the numbers are lower.

3. What if no one was hurt in the accident?

If the accident involved only property damage, the charge is a class 2 traffic misdemeanor. You face up to 90 days in jail, fines, and 12 license points. While less serious than cases with injury, it still carries significant consequences and enough points to suspend your license.

4. Is leaving the scene of an accident a felony in Colorado?

It depends on the outcome of the crash:

• Property damage only: Misdemeanor
• Minor injury: Misdemeanor
• Serious bodily injury: Class 4 felony
• Death: Class 3 felony

If you leave the scene without checking on the other party, you might not know their condition. Not knowing their condition is not a defense to felony hit-and-run charges.

5. Can I be charged even if I wasn’t at fault for the accident?

Yes. Fault in causing the crash is separate from the duty to remain at the scene. Even if the other driver caused the accident, leaving before exchanging information or calling for help can result in criminal charges. Even if the other driver caused the accident and you leave, you could lose your license and face serious criminal charges.

6. Will my insurance cover me if I’m convicted of hit-and-run?

They may not. Many insurance policies exclude coverage for intentional acts like leaving the scene. Even if coverage applies, expect premium increases or policy cancellation.

7. What should I do if I’m accused of leaving the scene?

Do not try to explain yourself to police without an attorney present. Contact a Colorado traffic defense lawyer immediately. A defense lawyer can investigate whether you actually violated the statute, negotiate with prosecutors, and protect your rights.

Leaving the Scene of an Accident in Colorado: Your Next Steps

Leaving the scene of an accident in Colorado carries consequences ranging from traffic misdemeanors to life-altering felonies. The law imposes clear duties to stop, provide information, report to law enforcement, and render aid. When those duties are not met, courts and prosecutors treat it as a serious threat to public safety.

If you’ve been charged with leaving the scene, especially involving serious bodily injury or death, speak with a Colorado criminal defense attorney immediately. Skilled legal counsel can protect your rights, challenge the state’s case, and work toward the best possible outcome in your situation.

Don’t let a moment of panic destroy your future. Contact our Colorado Springs defense team today to discuss your case and explore your options.

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The Benefits of a Deferred Judgment and Sentence in Colorado

“Can I get a deferred sentence on this case?” is a question that I get asked a lot as my clients’ cases are in the negotiation phase with the DA. Is a deferred a good deal? Is it something that makes sense in this case? Is it even being offered by the prosecutor? Let’s cover what a deferred sentence is, how it works, and the benefits (and potential drawbacks)

Colorado law provides an option that can help certain defendants avoid a permanent conviction: a deferred judgment and sentence (DJS). Sometimes simply called a “deferred sentence”, or even a “deferred,” this agreement with the prosecutor, when handled properly, can give people an opportunity to keep their record clean while still requiring accountability to the court.

What Is a Deferred Judgment and Sentence?

1. Negotiation

Your defense attorney negotiates the deferred judgment with the prosecutor. Not all charges qualify, and eligibility often depends on your criminal history and the facts of your case. Ultimately, whether a deferred is offered is up to the prosecutor.

2. Plea

You enter a plea of guilty in court, but sentencing is not imposed.

3. Supervision

You are placed on probation-like conditions, often including:

• No new criminal offenses
• Alcohol/drug education or treatment (for DUI, drug, or related cases)
• Community service hours
• Fines or court costs

4. Completion

If you successfully complete the period without violations, your plea is withdrawn and your case is dismissed.

If you fail to meet the terms—for example, you get arrested again or miss required classes—the court can revoke the deferral and immediately enter a conviction and sentence against you. If it is a traffic matter, then the points will enter on your DMV record as well.

Is a Deferred Judgment a Conviction in Colorado?

This is one of the most common questions clients ask. The answer is: no, not if you successfully complete it. While the case is pending, it will show on your record as a guilty plea with a deferred judgment. Once you finish and it’s dismissed, there is no conviction.

Remember: If you violate the terms of the deferral, the judge can enter the conviction, and it will then appear on your permanent record as a conviction.

Can a Deferred Judgment Be Sealed?

Yes, in most cases. After your case is successfully dismissed, you may be eligible to seal the record, which means the public cannot see it in background checks. This is one of the biggest benefits of a deferred judgment—it gives you the chance to keep your future clean.

Your attorney can guide you through whether your case qualifies for deferment/sealing.

Benefits of a Deferred Judgment and Sentence

• Avoids a Conviction: You can keep a criminal record from following you for life.
  
• Sealing Eligibility: Many dismissed cases can be sealed, helping with jobs, housing, and education. Colorado recently changed the sealing laws to be a little more lenient. Many convictions can be sealed after a certain amount of time has passed.
  
• Second Chance: It allows first-time offenders or those who made a mistake to prove themselves without lifelong consequences.
  
• Negotiated Outcome: Often better than risking trial or a straight conviction and sentence.

What Types of Cases May Be Eligible?

Deferred judgments are more common in lower-level, non-violent offenses, such as:

• Certain misdemeanors
• Low-level drug possession
• Some theft cases
• First-time DUI or DWAI (in limited circumstances)

Each case is fact-specific, and eligibility depends on both the law and the discretion of the prosecutor and judge.

Important Considerations

• A deferred is not automatic; it must be negotiated.
• It still requires a guilty plea, which is serious. If you fail to complete the conditions, you lose the chance to fight the case because you already entered the agreement.
• Immigration status can be impacted even by a deferred judgment, so non-citizens should get specialized legal advice.

Conclusion

A deferred judgment and sentence can be a powerful tool to protect your future if you are facing criminal charges in Colorado. It allows you to accept responsibility while still keeping the door open to dismissal and record sealing.

If you’re considering this option, the guidance of an experienced defense attorney is crucial. At the McDowell Law Firm, we work to negotiate deferrals where possible and help clients successfully complete them so they can move forward with their lives.

The post The Benefits of a Deferred Judgment and Sentence in Colorado first appeared on McDowell Law Firm.

from McDowell Law Firm https://mcdowellfirm.com/deferred-judgment-and-sentence-in-colorado/
https://mcdowellfirm.com/practice-area/dui-defense/

Understanding Driver’s License Points in Colorado

My traffic and DUI clients often ask about the Colorado drivers license point system point system and how their license will be affected after a traffic charge. If you have a Colorado driver’s license, you’ve probably heard of the “points system.” Points are how the Department of Revenue (DMV) tracks driving violations. If you collect too many points on your license within a certain period, it can result in a suspension or revocation of your driving privileges.

Below is a complete guide on how points work in Colorado, what offenses carry points, and what you can do if you’re facing a potential suspension. If you are suspended or revoked, there are defenses to DUR/DUS charges. There are also several ways a Colorado traffic lawyer can help to minimize the impact on your driving privileges.

What Are Driver’s License Points?

Every time you commit a traffic violation in Colorado, points are assessed against your driving record. The number of points depends on the severity of the offense. For example, minor speeding tickets carry fewer points than reckless driving or DUI.

Accumulating too many points in a given time period can lead to your license being suspended or revoked by the DMV.

How do Drivers license Points Work in Colorado?

Points are based on the date of the offense, not the conviction date. This means if you are convicted months later, the points still go back to when the ticket was issued.

Points from other states:

Colorado participates in the Driver’s License Compact. Meaning, Colorado will honor a suspension from California, Texas, etc. However, points in every state are different.

There isn’t a common standardized federal point system used throughout the country. Have I seen convictions from other states get reported back to Colorado and show up on a driver history? Yes. I think it depends state to state on what is reported, and how likely it is.

The best advice is to be careful in every state to obey traffic laws. Major violations (DUI, Reckless Driving, Hit and Run) can result in a suspension/revocation, depending on the State where it occurs, and other aggravating factors.

If I commit a violation in California, will it get reported to Colorado?

Yes, the violation can be reported. As I said above, Colorado and California are part of the Drivers License Compact (DLC), where member states share information about violations, suspensions and revocations.

If California suspends you, Colorado will too. Meaning, you need to clear up that out of state suspension before Colorado will reissue your license.

How Many Points Are Allowed?

For adults (21 and over), 11 points in a 12-month period, or 17 in a two-year period, is allowed before a suspension is triggered. Meaning 12 points and 18 points are the “magic” numbers to get you suspended.

The number of points you can accumulate before suspension depends on your age:

Age Group	Points Allowed Before Suspension
Under 18	6 points in 12 months OR 7 points total before age 18
Ages 18–20	9 points in 12 months OR 12 points in 24 months OR 14 points total before age 21
21 and older	12 points in 12 months OR 18 points in 24 months
Professional drivers (chauffeur’s license)	16 points in 12 months, 24 points in 24 months, or 28 points in 48 months

Common Colorado Traffic Offenses and Point Values

Violation	Points Assessed
Speeding 1–4 mph over limit	1 point
Speeding 5–9 mph over limit	3 points
Speeding 10–19 mph over limit	4 points
Speeding 20–39 mph over limit	6 points
Speeding 40+ mph over limit	12 points
Careless driving	4 points
Reckless driving	8 points
Failure to yield to emergency vehicle	4 points
Failure to stop at red light/stop sign	4 points
Driving without insurance	4 points
Leaving the scene of accident (hit and run, property damage)	12 points
DUI	12 points
DWAI	8 points

When Do Points Fall Off?

Points “count” on your driving record for two years from the date of the offense. After that, they no longer count toward suspension. However, the record of the violation itself will stay on your record forever in most situations (for example, DUI convictions remain permanently).

Most minor traffic violations are not sealable in Colorado. Cases like DUIs or DWAIs can only be sealed if they were dismissed, you were found not guilty at trial, or you successfully completed a deferred sentence.

Does a Deferred Sentence Still Count for Points?

No, points for charges that are deferred sentences or deferred judgments do not get sent to the DMV. This is true as long as you successfully complete the deferred.

If you are revoked, the points will then be reported. For example, you receive a deferred for careless driving. It is normally a 4-point charge. If you are given a 1-year deferred, neither the points nor the conviction will be reported to the DMV during the deferred.

If you violate the terms of the deferred sentence, you may be revoked, and a conviction and points will be entered. A deferred sentence is a great option when trying to avoid a conviction and/or points

On a DUI case, a deferred sentence is often an exceptional result. It will not cause a revocation unless you lose the per se hearing at the DMV. It will not count as points and will be dismissed at the end of the deferred term. Even better, after the deferred sentence for a DUI is dismissed, the charge is sealable in Colorado. DUI and DWAI convictions are not sealable in Colorado.

What Happens If I Get Too Many Points on My License?

If you exceed the allowable number of points for your age group, the DMV will issue a notice of suspension. You are entitled to a hearing where you can argue for a reduced penalty or request a probationary license.

Can I Get a “Red License” (Probationary License)?

Yes. In some cases, the DMV may allow a restricted license (commonly called a “red license”) that allows you drive to and from work, school, or medical appointments. Approval depends on your record, the type of violations, and your need for limited driving privileges.

You will only get one probationary license. My experience has been that many DMV hearing officers treat the probationary license pretty seriously, and it isn’t something that is guaranteed at a suspension hearing.

Suspension vs. Revocation

1. Suspension

Your license is temporarily withdrawn, but you can reinstate it after the suspension period (and fulfilling requirements such as fees, classes, or SR-22 insurance). This is common when you accumulate too many points, fail to pay child support, drive without insurance, have an outstanding judgment or warrant.

2. Revocation

Your license is canceled. You must reapply for a brand-new license after the revocation period, often with more requirements. This commonly happens in DUI cases.

What Happens If You’re Caught Driving Under Suspension?

Driving while suspended, or Driving under suspension (DUS) only carries a fine and additional term of suspension in Colorado. As long as it isn’t a DUI-related suspension/revocation you won’t serve jail time.

• First Offense: Additional 1-year suspension.
• Second offense (or more) within 5 years: Additional three-year suspension
• There is no possible jail sentence.

Note that it is only a class A traffic infraction in the state of Colorado to drive on a license that has been suspended due to having an outstanding judgment. The penalties include:

• $15 to $100 in fines
• 3 points against your license
• There is not a jailable offense.

If your suspension was related to alcohol or drug violations, the penalties can be even harsher, and you may be classified as a habitual traffic offender after multiple convictions.

DUR-Alcohol-related (DUI)

Class 2 Misdemeanor: 10-90 days in jail. Fine $150-$300

Additional suspension? Yes

DUR/ DUS (non-alcohol related)

Class-A traffic infraction: $15-$100 fine, some types carry points

Additional suspension period? Yes.

CRS Section 42-2-138 covers the law penalties and defenses to DUR/DUS charges.

Defenses to DUR/DUS

Knowledge: Under the Colorado Statute, there is an actual knowledge requirement. Meaning, you knew (or a reasonable person would’ve known) that your license was suspended.

From the Statute

“Knowledge” means actual knowledge of any restraint from whatever source or knowledge of circumstances sufficient to cause a reasonable person to be aware that such person’s license or privilege to drive was under restraint. “Knowledge” does not mean knowledge of a particular restraint or knowledge of the duration of restraint.

Affirmative Defenses

The statute actively includes an affirmative defense. It reads:

It shall be an affirmative defense to a violation of this section, based upon a restraint in another state, that the driver possessed a valid driver’s license issued subsequent to the restraint that is the basis of the violation.

The Colorado points system can feel confusing, but the bottom line is simple: too many violations resulting in too many points, can suspend your license. If you’re facing a possible suspension or have received a DMV hearing notice, it’s important to speak with an experienced criminal defense and traffic attorney in your area.

Attorney Josh McDowell at The McDowell Law Firm has over 20 years of experience handling traffic matters. He has helped thousands of drivers in Colorado Springs by minimizing points, protecting their licenses, securing probationary driving privileges, and mitigating the impact a suspension has on their lifestyle.

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from McDowell Law Firm https://mcdowellfirm.com/drivers-license-points-in-colorado/
https://mcdowellfirm.com/practice-area/dui-defense/

Colorado DUI / DWAI / UDD Penalties

See the chart below to learn more about possible penalties for DUI cases in Colorado (as of 2025). Every few years, you will see some minor changes to the laws.

One of the biggest changes came in 2015 when a fourth or greater DUI became a felony. Before 2015, there was not an automatic upgrade to a felony based on driver history. At that time, only DUIs that had an aggravator such as Serious Bodily Injury (vehicular assault) or death (vehicular homicide) were charged as felonies.

One of the newest changes in DUI laws is the ability to immediately reinstate your driver’s license with an interlock device after the loss of a per se hearing.

That is, if you lose your license through an administrative DMV hearing for a BAC in excess of .08 within two hours of the time of driving. Previously, there was a 30-day no-driving period (revocation) before the license was eligible to be reinstated.

On “refusal” cases, where a person refuses to submit to a chemical test of their breath or blood, as is required under Colorado’s Express Consent law, there is still a 2-month revocation (no driving) period followed by 2 years of Interlock ignition device.

Check out the chart below to review the penalties. Every drunk driving case, except UDD, has the potential for jail time. However, jail time is only mandatory in certain conditions, such as prior convictions or a BAC in excess of .20.

Related: How Much Jail Time Do You Get For DUI

DUI and DWAI charges require: Useful Public Service (UPS), Alcohol education (Level 2) and possible therapy, a MADD panel, fines, court costs, and the potential for jail. Probation is up to 2 years for first-time offenders, but can extend up to four years for repeat offenders.

Colorado DUI/DWAI/UDD Penalties Chart

1. Penalty Chart for First Offenses (DUI, DWAI, UDD)

Offense	Jail / Imprisonment	Fine	License Revocation / Suspension	Ignition Interlock (IID) Period	Probation Length	Community Service	Alcohol / Drug Classes
1st DUI / DUI per se	5 days – 1 year (mandatory 5 days; if BAC ≥ 0.20, 10 days minimum)	$600 – $1,000	9 months revocation	<0.15 BAC: ~8 months IID; ≥0.15 BAC or refusal: 2 years IID	Up to 2 years	48 – 96 hours	Alcohol education & assessment; Level II if high BAC or refusal
1st DWAI	2 – 180 days	$200 – $500	License consequences possible	IID may be required depending on BAC	Up to 2 years	24 – 48 hours	Education / treatment required
1st UDD (Under 21, BAC .02 – .05)	No jail for 1st offense	$15 – $100	3 months suspension (1st); 6 months (2nd); 1 year (3rd+)	IID not typical	Probation possible	Up to 24 hours	Alcohol classes; more intense for repeat

2. Penalty Chart for Repeat Offenses

Offense	Jail / Imprisonment	Fine	License Revocation / Suspension	Ignition Interlock (IID) Period	Probation Length	Community Service	Alcohol / Drug Classes
2nd DUI / DWAI	10 days – 1 year (mandatory 10 days)	$600 – $1,500	1 year suspension	2 years IID	2 – 4 years	48 – 120 hours	Level II education & treatment
3rd DUI / DWAI	60 days – 1 year (mandatory 60 days)	$600 – $1,500	2 years suspension	2 – 5 years IID	2 – 4 years	48 – 120 hours	Intensive treatment; possible monitoring
4th or Subsequent DUI (Felony)	2 – 6 years prison (Class 4 Felony)	$2,000 – $500,000	5+ years revocation	2 – 5 years IID or more	Strict probation / parole	Court discretion (often community service required)	Mandatory treatment; ongoing monitoring

McDowell Law Firm – Protecting your rights.

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