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

The post Can I Drive After a DUI Arrest in Colorado? first appeared on McDowell Law Firm.

from McDowell Law Firm https://mcdowellfirm.com/can-i-drive-after-a-dui-in-colorado/
https://mcdowellfirm.com/practice-area/dui-defense/

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.

The post Leaving the Scene of an Accident in Colorado: Charges, Penalties, and Common Defenses first appeared on McDowell Law Firm.

from McDowell Law Firm https://mcdowellfirm.com/leaving-the-scene-of-an-accident-in-colorado/
https://mcdowellfirm.com/practice-area/dui-defense/

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.

The post Understanding Driver’s License Points in Colorado first appeared on McDowell Law Firm.

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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Can I Get a DUI…? Unconventional Ways You Might

When you hear “DUI,” most of us picture a drunk driver behind the wheel of a car. But under Colorado law, the definition of vehicle is broader—and the situations in which you can be charged for driving under the influence are more surprising. Let’s cover some strange scenarios below that could land you in hot water under Colorado law.

To be convicted of an alcohol-related traffic offense, you must be operating a “vehicle” under CRS § 42-4-1301. The statute that defines “vehicle” is CRS § 42-1-102 (112):

 “Vehicle” means a device that is capable of moving itself, or of being moved, from place to place upon wheels or endless tracks. “Vehicle” includes, without limitation, a bicycle, electrical assisted bicycle, or EPAMD, but does not include a wheelchair, off-highway vehicle, snowmobile, farm tractor, or implement of husbandry designed primarily or exclusively for use and used in agricultural operations or any device moved exclusively over stationary rails or tracks or designed to move primarily through the air.

So, this can include things like bicycles, and e-scooters and even EPAMDs (electric personal assistive mobility devices). Yes, something like the Rascal scooters in the grocery store.

Notably, under CRS § 42-4-1301.1, the express consent statute uses the term “motor vehicle” not just “vehicle” like the DUI statute. Meaning, you could theoretically be charged with a DUI for a bike or other non-motorized vehicle, but you should not have driver’s license (DMV) consequences as a result.

Sitting in a Parked Car

Even if the car is parked, Colorado can still issue a DUI if you’re in “actual physical control” of the vehicle. That means if you’re in the driver’s seat with keys within reach—even if the engine’s off—law enforcement can charge you. Courts use factors like location of the car, whether seats are occupied, keys in ignition, or even if the heater’s running to determine control.

Avoiding a charge? Move to the back seat, remove keys, and clearly show you aren’t in control. Better yet, don’t even get in a car when you are intoxicated.

Driving a Boat (Boating Under the Influence – BUI)

Colorado—and federal law—treat boats similarly to motor vehicles when it comes to intoxication. While it’s technically called “Boating Under the Influence” (BUI), the principle stands: operating any watercraft while impaired is illegal and can result in penalties akin to a DUI. If you’re imbibing on a boat, you do NOT want to be the person operating/driving the watercraft. I think we’ve all seen it out on the lake where people like to crack open a cold one while they take turns waterskiing. If you are intoxicated, you do not want to get behind the wheel of your boat. Boating under the influence is very dangerous to yourself and others on the water. High speed, heavy equipment and intoxication are a deadly mix. It can be even more dangerous when water is added to the equation. Pick a Designated Driver for your boat, and have safe fun out on the lake.

Riding a Bicycle

Yes, you can absolutely get a DUI on a bike in Colorado. Under CRS § 42‑1‑102(112), “vehicle” includes any device capable of moving a person—including bicycles and e-scooters, but not wheelchairs, snowmobiles or tractors.

A BAC between 0.05% and 0.08% presumptively qualifies as Driving While Ability Impaired (DWAI); 0.08% or more is a DUI. Under‑21 riders face a near zero‑tolerance threshold of just 0.02% BAC.

Consequences? Fines, community service, possible jail, and even driver’s license suspension—particularly if you have prior offenses. Notably, license points are usually assessed only if the device was a motor vehicle, but the offense remains a criminal charge.

I have only seen one DUI on a bike in my career, and it was about 20 years ago. So, they are certainly uncommon. Many officers may not even know the law or might just tell the rider to walk their bike home safely. That is assuming they had a valid reason to stop a bicyclist in the first place.

Ultimately, biking under the influence is a safety issue for the bicyclist and for other vehicles on the road and pedestrians. I know some states have these mobile bar tours where people pedal a moving bicycle “bar” while an employee actually steers the contraption. Are the riders/drinkers simply passengers on this mobile bar? Probably. And I think an argument could be made that they aren’t in control of the vehicle (some states may not consider a bicycle a vehicle, so laws could vary).

Riding a Horse

Interestingly, horses are not considered vehicles under Colorado DUI statutes. That means you cannot be charged with a traditional DUI for riding a horse while intoxicated.

But… that doesn’t mean you’re free from legal consequences. If you’re drunk and riding dangerously, you may face a Class B traffic infraction under CRS § 42‑4‑805—for example, obstructing traffic or otherwise misbehaving—and a fine of $15–$100.

You could also be cited for disorderly conduct, reckless endangerment, or even animal cruelty if you harm or endanger the horse. You could also face city ordinance violations by riding your horse in locations that aren’t allowed. (check local ordinances in your city)

Golf Cart Operation

Even golf carts fall under DUI law in Colorado, assuming they meet the definition of a vehicle—and many do. Because DUI focuses on “vehicles,” not just motor vehicles, riding a golf cart while impaired can result in charges similar to a car DUI.

While specific Colorado case law on golf carts is limited, the statutory language and analogies (e.g., under state DUI rules, bicycles and e‑scooters count) suggest that being impaired in a golf cart could get you charged.

Skateboards (and other human-powered devices)

Skateboards? Possibly. Colorado law defines “vehicle” very broadly—as any device capable of moving a person or property. Some legal commentators argue that even human-powered devices like skateboards may qualify.

However, the “Express Consent” provisions (e.g., license suspension/duties to submit to a test) typically apply only to motor vehicles, not every “vehicle”.

So while a DUI charge for riding a skateboard drunk may be unusual, the broad statutory definitions leave room for interpretation. As I read the language of the definition for vehicle, a skateboard could certainly fit. I’ve never seen a DUI charged on a skateboard, but honestly, the last thing you want is to have to hire an attorney for your “skateboard DUI”. If you do get charged with a strange DUI, call me, let’s figure out some defenses together.

Summary Table

Mode of Operation	Vehicle under DUI Law?	Can You Get a DUI?
Parked Car (Actual Physical Control)	Yes	Yes
Boat (Watercraft)	Yes (BUI)	Yes
Bicycle	Yes	Yes
Horse	No	No (but other charges possible)
Golf Cart	Likely Yes	Yes
Skateboard/Human-Powered Devices	Possibly	Maybe, depending on facts

Final Thoughts

Colorado’s DUI law is surprisingly expansive. Colorado DUI law revolves around the concept of a vehicle. That means bicyclists, boaters, or anyone operating an entity capable of movement while impaired can face serious charges. In other words, you don’t have to be in a car or truck to get a DUI. Even seemingly innocuous choices, like sleeping in a parked car—or hopping on a golf cart after a few drinks—can lead to criminal consequences. And while horses occupy a unique legal niche, they’re not a guaranteed a break from the law if your conduct endangers others or the animal.

If you are facing DUI or related charges under unusual circumstances, it’s crucial to consult an experienced attorney who understands the nuances of Colorado law. Drive safe, and drink responsibly. But also bike, skateboard, scooter, golf, boat, and even “Rascal” safely.

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from McDowell Law Firm https://mcdowellfirm.com/unconventional-ways-to-get-a-dui-in-colorado/
https://mcdowellfirm.com/practice-area/dui-defense/

Will a DUI Show Up on My Background Check?

Applying for a new job is often an anxiety-inducing experience, especially if you have some things in your history that might cause a potential employer to second-guess your application.

Facing a DUI in Colorado raises more than legal alarms—it poses serious concerns for your future job prospects and even international travel. In this post, we’ll explore whether a DUI shows up on background checks, how long it stays on your record, and if it can affect travel to countries like Canada.

Can Employers Find Out About Your DUI?

Yes. In Colorado, a DUI conviction is considered a criminal offense and will almost always appear on both criminal background checks and driving record (DMV) checks. These searches are common during hiring processes, especially for positions requiring driving or security clearance.

Private employers generally can’t ask about criminal history on initial applications thanks to the “Ban the Box” rules—but once an applicant receives a conditional offer, background checks are common and will surface convictions.

When your DUI shows up, consequences can vary—from being passed over for a job to impacts on professional licensing. However, many employers are open to giving second chances, especially when they see evidence of personal growth since the conviction.

How Long Will a DUI Stay on Your Record?

Criminal Record

In Colorado, an adult DUI conviction remains on your criminal record permanently. It can only be sealed if: dismissed, you were found “not guilty”, or you successfully completed a deferred judgment.

Driving Record

DUI and DWAI convictions stay on your Colorado driver’s history forever. For purposes such as:

• License points count in 2-year cycles for adults (no more than 12 points in 12 months, or 18 in a 24-month period)
• Habitual offender: 7 years. 3 or more HTO offenses in a 7-year period will give you habitual traffic offender status.
• HTO offenses: DUI, DWAI, reckless driving, DUR/DUS, vehicular assault/homicide, failure to provide assistance in a deadly/injury crash.
• Insurance companies may have a policy where they look back a certain number of years, or a lifetime. Ask your provider about their policy.

These distinctions matter: while insurance companies and the DMV may focus on the driving record, employers often rely on criminal background checks (your official criminal record), where the DUI stays forever.

Can a DUI Record Be Removed or Hidden?

No—unless it’s not a conviction. Once convicted, a DUI stays visible forever under current Colorado law. Colorado does not allow sealing of DUI convictions.

However, if you were arrested but not convicted—meaning the charge was dismissed or acquitted—you can move to seal the case. This also works for successfully completed deferred judgments (also called deferred sentences).

What About Traveling to Canada—Will a DUI keep you out?

Unfortunately, yes. Canada considers DUI a serious criminal offense and treats it as grounds for inadmissibility—even for misdemeanors. If you have a DUI conviction and have plans to travel to Canada, verify your eligibility to enter before making the trip.

Key Points:

• Canada can access U.S. criminal and DMV records and may deny you entry regardless of how you travel or your intentions while in Canada. Even being a passenger doesn’t guarantee entry.
• A pending DUI charge can be treated as an indictment—meaning no presumption of innocence at the border.
• To regain admissibility, travelers with a DUI can apply for:
  • Temporary Resident Permit (TRP): Grants entry for a specific purpose/time.
  • Criminal Rehabilitation (CR): A longer-term solution after you’ve completed your sentence and waited 5 years. Call an attorney to discuss your options.

Don’t risk it, find out before you go if you will be allowed to enter foreign countries with a pending DUI or a DUI conviction.

Summary

Scenario	Outcome in Colorado	Background Check Visibility
DUI Conviction (Adult)	Criminal record permanent	Visible indefinitely
DUI Arrest, No Conviction	Sealable	Sealable
Deferred Judgment, Completed	Does not count as conviction in CO.	Sealable

Final Thoughts

A DUI conviction in Colorado is serious—and long-lasting. It remains on your record forever, shows up in background checks, affects your employment opportunities, and can even block your entry into countries like Canada unless you take proactive legal steps.

If you’re dealing with a DUI—whether for job applications, travel plans, or peace of mind—talk to a drunk driving attorney who understands Colorado’s DUI statutes and the implications of a conviction. We offer free consultations on DUI matters. If we can help you minimize your exposure or even avoid a conviction now, it can make a big difference for your future.

The post Will a DUI Show Up on My Background Check? first appeared on McDowell Law Firm.

from McDowell Law Firm https://mcdowellfirm.com/does-a-dui-show-up-on-my-background-check/
https://mcdowellfirm.com/practice-area/dui-defense/