Plea Bargain vs. Trial: How to Weigh Your Options in Colorado

If you have been charged with a crime in Colorado, one of the biggest decisions you may face is whether to accept a plea bargain or take your case to trial.

There is no simple answer.

A plea bargain gives you some control over the outcome. A trial gives you the opportunity to force the prosecution to prove its case beyond a reasonable doubt. Each option carries risks.

The right decision depends on the evidence against you, the defenses available to you, the exact terms of the plea offer, the possible sentence if you are convicted at trial, and the consequences a conviction could have on the rest of your life.

Before you make that decision, you should understand exactly what you are giving up and exactly what you are getting in return.

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What Is a Plea Bargain?

A plea bargain is an agreement between the prosecution and the defendant.

Typically, the defendant agrees to plead guilty to a criminal offense. In exchange, the prosecutor agrees to provide some benefit.

That could include:

• Reducing a felony to a misdemeanor.

• Dismissing one or more charges.

• Allowing a plea to a less serious offense.

• Agreeing to a sentencing cap.

• Recommending probation instead of jail or prison.

• Agreeing to concurrent rather than consecutive sentences.

• Offering a deferred judgment in an appropriate case.

The U.S. Department of Justice describes plea bargaining as an agreement in which a defendant pleads guilty and the government provides something in return.

Colorado also allows a deferred judgment and sentence in some cases. A deferred judgment can be particularly valuable because successful completion may result in withdrawal of the guilty plea and dismissal of the case.

The details matter. Two plea agreements that sound similar can have very different consequences.

What Happens When You Plead Guilty in Colorado?

A guilty plea is a conviction.

When you plead guilty, you give up important constitutional rights, including your right to require the prosecution to prove the case against you beyond a reasonable doubt.

Colorado Rule of Criminal Procedure 11 requires the judge to make sure that you understand the charge, the possible penalties, the rights you are giving up, and the consequences of your plea.

The plea must also be voluntary.

The court will generally ask you questions directly before accepting it.

One important point is that the prosecutor does not sentence you. The judge does.

Whether the judge is bound by a particular sentencing agreement depends on how the plea agreement is structured and whether the court accepts it. A prosecutor’s recommendation is not necessarily the same thing as a guaranteed sentence.

That is why you need to understand the actual language of the plea agreement before accepting it.

Can You Plead Guilty While Maintaining Your Innocence?

Yes, in some circumstances.

Colorado recognizes what is commonly called an Alford plea, based on the U.S. Supreme Court decision in North Carolina v. Alford.

With an Alford plea, a defendant does not necessarily admit committing the offense but agrees to accept a guilty plea and the resulting conviction.

The Colorado Supreme Court has confirmed that an Alford plea may be accepted if the plea is knowing, voluntary, and intelligent.

This is different from simply telling the judge you are innocent and pleading guilty without understanding the consequences.

Colorado also permits a plea of nolo contendere, commonly called “no contest,” with the court’s consent. Our article on no contest versus guilty pleas in Colorado explains the differences.

Plea bargain vs. trial: side by side

Factor	Plea bargain	Trial
Outcome	Agreed in advance (subject to judge’s approval)	Decided by jury or judge
Burden of proof	Not tested; you admit guilt	Prosecution must prove guilt beyond a reasonable doubt
Sentencing risk	Often narrower and more predictable	Wider range; no negotiated cap
Rights	Trial rights waived	Trial rights preserved
Timing	Usually faster	Usually slower
Record	Conviction (unless deferred or dismissed terms apply)	Acquittal means no conviction; guilty verdict means conviction
Appeal	Very limited after a plea	Available after a conviction

The table is a general framework. Colorado law sets different consequences for different offenses, so the details for your charge will vary.

What Happens If You Go to Trial?

Going to trial means the prosecution has to prove the case.

You remain presumed innocent unless and until the prosecution proves every required element beyond a reasonable doubt.

At trial, the defense can challenge the prosecution’s evidence through:

• Cross-examination.

• Witness testimony.

• Expert testimony.

• Physical evidence.

• Video or audio evidence.

• Challenges to scientific testing.

• Attacks on witness credibility.

• Constitutional defenses.

• Other evidence supporting the defense.

You also have the right not to testify.

The jury cannot require you to prove your innocence. The burden stays with the prosecution.

That distinction is important.

A criminal trial is not about deciding which side’s story sounds slightly more believable. The prosecution carries the highest burden of proof used in our legal system.

Much of a Criminal Case Is Decided Before Trial

People understandably think about cross-examination, witnesses, and closing arguments when they think about trial.

But much of the real work happens before the jury ever enters the courtroom.

That can include reviewing:

• Police reports.

• Body camera footage.

• Dash camera footage.

• 911 recordings.

• Witness interviews.

• Laboratory reports.

• Medical records.

• Cell phone evidence.

• Search warrants.

• Breath or blood testing records.

The defense may also file motions challenging evidence.

For example, if police stopped a vehicle without sufficient legal justification, evidence obtained after the stop may potentially be suppressed.

The distinction between reasonable suspicion and probable cause can become critical in determining whether evidence is admissible.

A case that looks strong when you first read the police report can look very different after the evidence has been examined carefully.

Plea Bargain vs. Trial

Here are some of the major differences.

Plea Bargain

A plea usually provides more certainty.

You generally know:

• What charge you are pleading to.

• Which charges will be dismissed.

• What the prosecution will recommend.

• Whether there is an agreed sentencing cap.

• Whether probation is available.

• Whether a deferred judgment is part of the agreement.

You also give up your right to trial.

Trial

At trial, the outcome is uncertain.

You may be acquitted completely.

You may also be convicted of the original charges and face a sentence substantially greater than the resolution offered before trial.

That risk has to be evaluated against the strength of the prosecution’s case and the potential defenses.

Does Taking a Plea Mean You Will Get a Lighter Sentence?

Often, but not always.

The prosecution frequently makes plea offers that reduce a defendant’s potential exposure.

For example, a prosecutor might offer:

• A misdemeanor instead of a felony.

• Probation instead of possible incarceration.

• One conviction instead of several.

• A reduced sentencing range.

But you should never assume that “taking the plea” automatically means probation or no jail.

Read the agreement.

You need to know whether the sentencing provision is:

• A binding term of the agreement.

• A sentencing cap.

• A joint recommendation.

• A recommendation from the prosecutor.

• Completely open to the judge.

Those are very different agreements.

What Is the “Trial Penalty”?

The term “trial penalty” describes the difference between the punishment offered in a plea bargain and the punishment someone may face after being convicted at trial. It’s not a real penalty per se, it is the potential difference in sentence between a plea bargain and what may happen at trial. Sometimes that gap is very large, making a plea bargain appear very favorable.

Suppose, for example, the prosecution offers probation in exchange for a guilty plea, but a conviction at trial could expose the defendant to several years in prison.

That difference creates powerful pressure to accept the plea.

This does not necessarily make the plea offer improper. Prosecutors can consider the certainty and efficiency created by a negotiated resolution.

But the size of the difference matters when deciding what to do.

The question should not simply be:

“How much less punishment do I get if I plead guilty?”

The better questions are:

“What is the prosecution actually capable of proving?”

“What defenses do I have?”

“What evidence can be excluded?”

“What happens if I win?”

“What happens if I lose?”

“What exactly am I receiving in exchange for giving up my right to trial?”

Most Criminal Cases Do Not Go to Trial

Most criminal cases resolve without a trial.

Statistics and percentages will vary by jurisdiction and region. But no prosecutor could potentially take a majority of their cases to trial. It would clog up the Judicial system and require exponentially more Judges and prosecutors to afford every case a trial. This is one reason that plea bargains are quite common: to keep cases moving through the system.

As a young DA, I was in a division with over 1,000 open cases. No one could possibly try 1,000 cases in a 6-month speedy trial period. Speedy trial is 180 days, with each trial taking an average of 1.5 days in county court, and court is open 5 days a week. My quick math says you could get about 85 cases tried in that time period with one judge and one DA, only doing trials back to back. This, of course, is running the cases back to back, not factoring jury deliberation time, or handling other cases, motions hearings etc. So, even stacking them all back to back, you could only try about 8.5% of the total.

This was just an oversimplified calculation to show that with a busy docket it is not possible to take even a significant portion of the cases to trial. There are many other factors, and not all cases are on the same 6-month speedy calendar, but it gives you an idea of how important plea agreements are to keep the system running smoothly. Plea agreements are quite common in every court.

Common does not mean appropriate in every case.

When Might Taking a Plea Make Sense?

A plea offer may deserve serious consideration when the prosecution has strong admissible evidence and the agreement substantially reduces the potential consequences.

For example, an offer may:

• Eliminate a felony conviction.

• Avoid mandatory incarceration.

• Preserve the possibility of probation.

• Dismiss serious additional counts.

• Reduce the effect on a professional license.

• Avoid a sentence enhancer.

• Provide a deferred judgment.

• Limit sentencing exposure.

Sometimes the difference between the plea offer and the potential result after trial is substantial.

That has to be considered realistically.

When Might Going to Trial Make Sense?

Trial may make sense when there are significant problems with the prosecution’s case.

Examples could include:

• An unreliable witness.

• Conflicting witness statements.

• Weak identification evidence.

• Missing or contradictory video.

• Problems with forensic evidence.

• A legitimate self-defense claim.

• An unlawful search.

• An unlawful traffic stop.

• Statements obtained in violation of constitutional protections.

• Evidence that does not establish one or more elements of the offense.

• A defense that the prosecution cannot easily overcome.

There are also cases where the plea offer simply does not provide enough benefit to justify pleading guilty.

If the proposed agreement carries nearly the same consequences as losing at trial, there may be less reason to give up your right to make the prosecution prove the case.

Every case is different.

Consider More Than Jail

One of the biggest mistakes defendants make is looking only at the jail sentence.

A conviction can affect much more.

Depending on the charge, consequences can include:

• Probation.

• Restitution.

• Driver’s license consequences.

• Ignition interlock requirements.

• Employment problems.

• Professional licensing consequences.

• Firearm restrictions.

• Immigration consequences.

• Protection orders.

• Treatment requirements.

• Registration requirements.

• Difficulty sealing the record.

A plea that looks attractive based solely on the sentence may create serious problems somewhere else.

DUI and DWAI Cases

Colorado DUI cases are a good example.

The criminal case is only one part of the problem. A DUI arrest may also create a separate driver’s license proceeding through the Colorado DMV.

Our guide to Colorado DUI, DWAI and UDD penalties explains the possible criminal consequences.

We also explain the separate issue of losing your driver’s license after a Colorado DUI.

A plea agreement in the criminal case does not necessarily solve the DMV case.

Domestic Violence Cases

Colorado domestic violence cases can also carry consequences far beyond the immediate sentence.

The domestic violence designation can affect treatment requirements, protection orders, firearm possession, and future cases.

You can read more about how these cases work on our Colorado Springs domestic violence defense page.

Immigration Consequences

Non-citizens need to be particularly careful before entering a plea.

A criminal disposition that appears relatively minor under Colorado sentencing law can create serious federal immigration consequences.

Immigration consequences should be evaluated before the plea is entered, not afterward.

Can You Wait Until the Day of Trial to Take the Plea?

Do not assume that you can.

Plea practices and deadlines can vary by judge and prosecutor.

This is particularly important in El Paso County.

Some Colorado Springs judges issue case management orders requiring plea agreements to be entered before the trial date. Certain divisions generally will not accept a negotiated plea agreement on the morning of trial except under extraordinary circumstances.

Other divisions may have different procedures.

If you are thinking, “I’ll just see what happens and take the deal on the day of trial if I get nervous,” that option may not exist.

Ask your lawyer:

• When does the offer expire?

• Can the prosecutor withdraw it?

• Does the judge impose a plea deadline?

• When is the final pretrial conference?

• What happens to the offer once trial preparation begins?

Know the answer before the deadline passes.

Can the Prosecutor Withdraw a Plea Offer?

Generally, a plea offer can change or disappear before it becomes a completed and accepted agreement.

Prosecutors reassess cases as they develop.

New evidence may help the prosecution.

New evidence may hurt it.

Witnesses may become unavailable.

A defense motion may change the admissibility of important evidence.

That is why you should never assume that today’s offer will still exist several months from now.

At the same time, you should not accept a bad plea merely because someone tells you that you will never see another offer.

The offer needs to be evaluated in the context of the evidence.

Why Preparing for Trial Can Lead to a Better Plea Offer

Preparing for trial and negotiating a plea are not opposites.

Trial preparation often creates leverage in negotiations.

When the defense thoroughly investigates a case, problems sometimes emerge.

A witness changes their story.

Video contradicts a police report.

A scientific test has weaknesses.

A constitutional issue becomes apparent.

An expert identifies a problem with the prosecution’s evidence.

A suppression motion threatens an important part of the government’s case.

Those developments can change how the prosecutor values the case.

A prosecutor who believes a case is likely to result in a conviction has little reason to make substantial concessions.

A prosecutor who sees a genuine possibility of losing may evaluate the case differently.

That is one reason we believe criminal cases should be prepared seriously even when a negotiated resolution remains possible.

Our article on how criminal charges can be dropped in Colorado discusses some of the ways cases can change after the initial filing.

Questions to Ask Before Accepting a Plea Bargain

Before entering a plea, you should be able to answer several questions.

1. What exactly am I pleading guilty to?

2. Which charges will be dismissed?

3. What is the maximum possible sentence under the plea?

4. Is the judge bound by the sentencing agreement?

5. What sentence will the prosecutor recommend?

6. What sentence is the defense allowed to request?

7. What happens if the judge does not follow the recommendation?

8. What is my realistic sentencing exposure if I lose at trial?

9. What evidence does the prosecution have?

10. What weaknesses exist in the prosecution’s case?

11. Are there motions that could exclude important evidence?

12. What defenses could be presented at trial?

13. What happens to my driver’s license?

14. Could the conviction affect my job or professional license?

15. Are there immigration consequences?

16. Are there firearm consequences?

17. Can the conviction eventually be sealed?

18. Is a deferred judgment available?

19. When does the plea offer expire?

20. What would my lawyer do next if I rejected the offer?

Your lawyer should be able to explain these issues in language you understand.

The Decision to Plead Guilty Belongs to You

Your lawyer can recommend a course of action.

The final decision whether to plead guilty belongs to you.

A criminal defense lawyer’s job is to give you enough information to make that decision intelligently.

That means explaining the good facts and the bad ones.

You should understand what the prosecutor has, what can be challenged, what could happen at trial, and exactly what you are receiving under the plea agreement.

Be cautious of any lawyer who guarantees a dismissal, guarantees an acquittal, or tells you to take a plea without explaining why.

If you are still deciding who should represent you, our guide on how to choose a criminal defense lawyer in Colorado discusses what you should look for.

How We Approach Plea Offers at McDowell Law Firm

I spent several years as a prosecutor before becoming a criminal defense attorney.

That experience matters when evaluating a plea offer because a good defense requires understanding how the prosecution is likely to look at the case.

At McDowell Law Firm, I personally review the evidence, evaluate the possible defenses, negotiate with the prosecutor, and prepare the case for trial when necessary.

I do not believe every case should go to trial.

I also do not believe every defendant should accept the first reasonable-looking offer.

The question is whether the agreement makes sense based on the evidence, the law, the potential sentence, and what matters most to the client.

Sometimes the right result is a negotiated plea.

Sometimes it is a reduction or dismissal.

Sometimes it is trial.

You should know why you are making that decision before you make it.

If you have been charged with a crime in Colorado Springs or El Paso County, you can learn more about our Colorado Springs criminal defense practice.

If your case involves driving under the influence, visit our Colorado Springs DUI defense page.

You can also contact McDowell Law Firm to discuss your case.

Frequently Asked Questions

Is it better to take a plea bargain or go to trial?

It depends on the case. You need to compare the strength of the prosecution’s evidence, the available defenses, the plea offer, the possible sentence after trial, and the collateral consequences of a conviction. There is no rule that a plea is always safer or that trial is always better.

Do you usually get a lighter sentence if you plead guilty?

A plea agreement often reduces sentencing exposure, but that depends on the terms of the agreement. Some agreements contain specific sentencing limits. Others merely contain a recommendation from the prosecution. You need to know exactly what the judge can still impose.

Can a judge reject a plea bargain in Colorado?

The court plays an important role in accepting a plea and imposing sentence. Colorado Rule of Criminal Procedure 11 specifically addresses when sentencing representations may bind the court. The effect of a proposed sentencing agreement depends on its terms and whether the court approves it.

Can I plead guilty even if I say I am innocent?

Colorado recognizes Alford pleas in appropriate circumstances. An Alford plea allows a defendant to enter a guilty plea while maintaining innocence. It still results in a conviction and must satisfy the legal requirements for a valid plea.

Can I accept the plea bargain on the morning of trial?

Maybe, but you should never count on it. Colorado courts and individual judges can establish plea deadlines. Some El Paso County divisions generally do not accept plea agreements on the day of trial except in extraordinary circumstances.

Can the prosecutor take back a plea offer?

A plea offer can generally change or be withdrawn before it becomes a completed plea agreement accepted by the court. You should ask your lawyer whether the offer has an expiration date and whether any upcoming hearings affect it.

Do most criminal cases go to trial?

No. Most criminal cases resolve without trial. That fact alone does not tell you whether you should plead guilty. Your decision should be based on your own evidence, defenses, potential consequences, and plea offer.

What happens if I reject a plea bargain and lose at trial?

You will be sentenced based on the offense or offenses for which you are convicted, subject to Colorado sentencing law and the particular facts of your case. You generally will no longer have the benefit of the earlier negotiated plea agreement. The difference between the plea offer and potential post-trial sentence is one of the risks you should discuss carefully with your attorney.

Sources

• U.S. Department of Justice: Plea Bargaining

• Colorado Judicial Branch: Colorado rights overview

• U.S. Courts: Table D-7, criminal defendants disposed of, 12 months ending September 30, 2025

• U.S. Courts: Table D-10, median time to disposition, 12 months ending September 30, 2025

• New York Courts: Plea Bargaining

• Columbia Law School: Plea Bargaining

• Is a Plea Really a Bargain? Plea and Trial Dispositions in New York City

• Colorado Judicial Branch: Criminal Case Management Order, Division 2

• Colorado Revised Statutes 2024, Title 16

• Constitution Annotated: Plea Bargaining in Pre-Trial Process

Recommended

• How to Choose a Criminal Defense Lawyer in Colorado

• How to Get Criminal Charges Dropped in Colorado?

• What Happens on a DUI Charge in Colorado

• What Happens when someone presses charges against you in Colorado

from McDowell Law Firm https://mcdowellfirm.com/plea-bargain-vs-trial/
https://mcdowellfirm.com/practice-area/dui-defense/

Colorado Ignition Interlock Requirements After a DUI

If your Colorado driver’s license has been revoked because of an alcohol-related driving case, an ignition interlock device may be part of getting back on the road.

An ignition interlock is a breath-testing device connected to your vehicle. You provide a breath sample before the car starts, and the device requires additional samples while you are driving.

The rules are more complicated than simply installing the device. Colorado regulates how long you must keep it, how often it must be serviced, what happens when alcohol is detected, and what can happen if the DMV believes you tampered with or tried to get around the device.

I am Josh McDowell, a Colorado Springs DUI defense attorney and former prosecutor. I deal with both the criminal and driver’s-license sides of DUI cases. One thing I regularly tell clients is that the DMV case and the criminal case are separate. What happens in court does not necessarily determine what happens to your driver’s license.

This article explains Colorado’s ignition interlock rules as they exist in 2026.

The law changes, and individual cases can be different. If you have received a notice from the Colorado DMV, look at the dates and requirements on your actual notice rather than relying only on general information online.

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McDowell Law Firm handles DUI cases in Colorado Springs, with personalized strategies shaped by former prosecutor Josh McDowell’s experience.

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Key Points About Colorado Ignition Interlock Devices

According to the Colorado DMV’s Ignition Interlock Program:

• An ignition interlock requires a breath sample before the vehicle will start.

• It also requires periodic breath samples while the vehicle is being driven.

• An interlock-restricted driver generally must drive a vehicle equipped with an approved interlock device.

• The device must be serviced at least once every 60 days.

• Driving a vehicle without the required device or attempting to circumvent the device can lead to serious additional license consequences.

Colorado treats a breath alcohol reading of .025 or higher as an excessive breath alcohol event for interlock purposes.

That is much lower than the .08 BAC level associated with DUI per se. The two standards serve different purposes.

What Does an Ignition Interlock Device Do?

An ignition interlock is installed in your vehicle and connected to its ignition system.

Before starting the vehicle, you blow into the device. If the device detects alcohol above its programmed threshold, it may prevent the vehicle from starting.

The device also requires periodic breath tests while the vehicle is operating. The Colorado DMV refers to these as periodic breath samples.

The device records information that is reported through the approved interlock provider.

That information matters because the DMV can use interlock reports when deciding whether you complied with the terms of your interlock-restricted license.

Ignition interlock test and reporting sequence

Ignition Interlock vs. a Regular Breathalyzer

A personal breathalyzer and an ignition interlock are not interchangeable.

A handheld breath-testing device gives an alcohol reading. An ignition interlock is installed in a vehicle and controls whether the vehicle can be started.

For purposes of a Colorado interlock-restricted license, you must use an approved ignition interlock device installed by an approved provider. Carrying your own breathalyzer does not satisfy the requirement.

Who Has to Use an Ignition Interlock in Colorado?

There is no single answer that applies to every DUI case.

Colorado’s interlock requirements depend on why your license was revoked, your driving history, your BAC, whether you are classified as a persistent drunk driver, and whether you are seeking early reinstatement.

Under current Colorado law, interlock requirements can apply to several categories of drivers.

For example, Colorado law generally requires an interlock-restricted license for certain persistent drunk drivers, drivers whose licenses were revoked based on multiple alcohol-driving convictions, certain habitual traffic offenders, and drivers whose licenses were revoked for interlock circumvention.

An interlock can also be required when someone receives early reinstatement before completing the full period of an alcohol-related license revocation.

This is why you should determine the exact basis for your revocation before assuming how long you will need an interlock.

For more information about the driver’s-license side of a DUI case, see:

• Will I lose my license after a DUI in Colorado?

• How soon can I get my license back after a DUI?

• Colorado license reinstatement laws and process

• DWAI vs. DUI in Colorado

Interlock vs. a regular breathalyzer

People often ask about a breathalyzer vs. an interlock device. They both measure alcohol on your breath, but they do different jobs.

	Handheld breathalyzer	Ignition interlock
Who uses it	Officers at a stop, or private individuals	Drivers with an interlock-restricted license
What it does	Gives a reading	Gives a reading and controls whether the vehicle starts
Connected to the vehicle	No	Yes, wired to the ignition
Reports to the state	No	Yes, through an approved provider
Can you substitute one for the other	No	A personal breathalyzer does not satisfy a legal interlock requirement

A Major Change Is Coming in 2027

Colorado passed House Bill 26-1242 in 2026, but an important part of the new law does not take effect until June 1, 2027.

Beginning on that date, certain first-time DUI and DUI per se offenders will generally have to maintain an interlock-restricted license for nine consecutive months after reinstatement before receiving an unrestricted license, unless they qualify for early removal.

The law also changes early reinstatement rules for some drivers whose licenses were revoked for refusing chemical testing.

You can read the Colorado General Assembly’s summary of HB 26-1242 here.

The important point for someone dealing with a DUI now is the effective date.

The new nine-month requirement is not the current rule in October 2026. It becomes effective June 1, 2027.

What If the DUI Happened in Another State?

An out-of-state DUI can create additional problems because you may have to deal with both the state where the arrest occurred and Colorado’s licensing system.

The criminal case is normally handled in the state where the alleged offense happened. Your Colorado driving privilege is controlled by Colorado.

If you are a Colorado driver arrested elsewhere, do not assume that resolving the criminal case resolves your Colorado license.

For an example of how another state handles the release process after an arrest, see this information on DUI bail bonds in California.

How Do I Get an Ignition Interlock Installed?

Colorado requires drivers to use an approved ignition interlock provider.

The DMV maintains a current list of approved ignition interlock vendors.

The general process looks like this:

1. Determine whether you are eligible for reinstatement.

2. Determine how long the interlock restriction will apply.

3. Choose an approved interlock provider.

4. Have the device installed.

5. Complete the DMV’s reinstatement requirements.

6. Follow the servicing and monitoring requirements throughout the restriction period.

Colorado also uses the Restricted License Ignition Interlock Agreement Affidavit, Form DR 2058, as part of the interlock process.

Your provider should explain how to provide a proper breath sample, what the device’s warnings mean, and how periodic tests work.

How Often Must an Interlock Be Serviced?

This is important.

Colorado requires the device to be serviced at least once every 60 days.

According to the Colorado DMV, failing to report for required servicing can result in suspension of your driving privilege until you come back into compliance.

If your interlock lease is canceled before you have completed the required interlock period, that can also result in a suspension until you enter into another qualifying lease.

Put your service dates on your calendar and keep records showing that you attended.

How Much Does an Ignition Interlock Cost in Colorado?

Colorado drivers generally lease ignition interlock devices rather than buying them.

Costs can include:

• Installation

• Monthly lease charges

• Periodic service or calibration

• Removal

• Other provider charges

Prices vary among providers and can also depend on the vehicle.

Before choosing a company, call several providers from the state’s approved list and ask for a complete written fee schedule.

There are other expenses associated with a DUI case that are separate from the interlock itself. These can include reinstatement fees, alcohol education or treatment, insurance costs, court costs, fines, and other conditions.

Our Colorado DUI penalties guide discusses many of those consequences.

Can Colorado Help Pay for an Ignition Interlock?

Possibly.

Colorado operates an Ignition Interlock Financial Assistance Program.

Under the current program, eligible drivers may receive financial assistance toward interlock costs. Total assistance available through the current program cannot exceed $400.

Eligibility can include certain first-time offenders and certain persistent drunk drivers completing their initial interlock installation. Income requirements also apply.

The provider checks eligibility through the state’s system during installation.

If the system determines that you are not eligible but you believe the income information is incorrect or outdated, there is an appeal process.

The DMV specifically states that an appeal based on tax information requires an IRS tax transcript. A copy of your tax return is not enough.

HB 26-1242 will also change portions of the financial-assistance program beginning in 2027, so check the current DMV requirements when you install the device.

What Counts as an Interlock Violation?

This is one of the most confusing parts of Colorado’s interlock law.

Drivers often see words like “fail,” “lockout,” or “violation” on a provider report and assume that the DMV treats every one of those events the same way.

It does not.

Colorado’s legal rules focus on specific types of events.

Two of the most important are excessive breath alcohol events and circumvention or tampering.

Excessive Breath Alcohol Events

For Colorado interlock purposes, excessive breath alcohol content is a reading of .025 or higher.

But one .025 reading does not automatically mean your interlock period will be extended.

According to the Colorado Department of Revenue’s Hearings Division, an extension may occur when the provider reports excessive breath alcohol events in three separate months within twelve consecutive months.

If the DMV finds the required pattern, it can extend the interlock requirement for up to one additional year.

If you do not challenge the extension or agree to extend the lease, the default extension is one year.

This distinction matters.

Your interlock company’s use of the term “lockout” is not necessarily the same thing as a legally sufficient event for a DMV extension.

Can Mouthwash or Food Cause an Interlock Reading?

Ignition interlock devices detect alcohol in the breath sample. They do not determine why alcohol is present.

Products containing alcohol can potentially create readings. That can include some mouthwashes and other products.

If you receive a reading that you believe does not reflect drinking alcohol, document what happened and follow the instructions provided by your interlock company.

Do not attempt to defeat the device, disconnect it, or have someone else provide a breath sample for you.

Tampering or Circumvention

Tampering and circumvention are much more serious than an isolated alcohol reading.

Colorado prohibits an interlock-restricted driver from circumventing the device.

Examples can include driving a vehicle that is not equipped with the required interlock or having someone else provide a breath sample in an attempt to defeat the device.

According to the Colorado DMV, an interlock-restricted driver who drives a non-equipped vehicle or attempts to circumvent the proper functioning of the device is subject to a license revocation with no driving for at least one year.

Circumvention cases can involve either a criminal conviction or an administrative DMV proceeding, depending on the circumstances.

If the DMV accuses you of circumvention or tampering, treat the notice seriously.

What About Missed Breath Tests?

The device requires periodic breath samples while you are driving.

Do not ignore a request for a breath sample.

At the same time, a provider notation on a report does not automatically tell you what legal consequence the DMV will impose.

If the DMV sends you a notice based on your interlock reports, the important question is what statutory or regulatory violation the DMV alleges and what evidence supports it.

Can I Contest an Interlock Extension or Revocation?

Yes, depending on the type of action.

If the DMV sends a notice extending your interlock restriction based on excessive breath alcohol events, you can request a hearing.

At the hearing, the hearing officer can review the monitoring reports and determine whether the alleged events qualify under Colorado law.

The Colorado Department of Revenue explains that the hearing officer can also consider aggravating and mitigating circumstances when deciding the length of an extension.

Colorado’s administrative rules for these cases are contained in Rule 11, Interlock-Restricted Licenses.

When I review one of these cases, I want to know:

• What exactly does the provider report show?

• Are there qualifying excessive breath alcohol events?

• Did qualifying events occur in three separate months within twelve consecutive months?

• Is the DMV alleging alcohol events, circumvention, tampering, or something else?

• Is there an innocent explanation supported by records or other evidence?

• What is the deadline to request a hearing?

Do not ignore a DMV notice. Administrative deadlines can be short.

Can You Get an Ignition Interlock Removed Early?

Some drivers can.

Under the current rules, the Colorado Department of Revenue states that early removal is potentially available to drivers who begin with an eight-month interlock requirement.

Generally, the driver must have:

• Reinstated early following a first-time alcohol offense.

• Had a chemical test result below .150.

• Completed four months of successful interlock driving.

Successful driving requires four consecutive monthly reporting periods without the disqualifying events identified by Colorado law.

That includes no qualifying excessive breath alcohol event that prevents or interrupts normal operation of the vehicle, no detected tampering, no other reports of circumvention or tampering, and no other grounds for extending the restriction.

Do not remove the device just because you believe four months have passed.

The DMV states that qualifying drivers will receive notice that they are eligible for early removal. If you believe you qualify and have not received approval, you can contact the DMV or request a hearing.

Practical Tips While You Have an Interlock

A few simple habits can prevent unnecessary problems:

• Keep every service appointment.

• Keep copies of your installation, service, and calibration records.

• Follow your provider’s instructions before providing a breath sample.

• Never have another person blow into the device for you.

• Never drive a vehicle that you are prohibited from driving under your interlock restriction.

• If the device appears to malfunction, contact the provider immediately and document the problem.

• Save your monthly monitoring reports if you receive them.

• Do not remove the device until the DMV confirms that you are legally permitted to do so.

How a Colorado DUI Lawyer Can Help

The driver’s-license consequences of a DUI can become complicated quickly.

The criminal case and DMV case are separate. An interlock issue can create another layer after you have already dealt with a revocation or court case.

If you receive a DUI charge, a DMV revocation notice, an interlock-extension notice, or an allegation of circumvention, you should understand exactly what the government is alleging before you decide what to do.

I am a former prosecutor and have defended DUI cases in Colorado Springs for years. If you are facing a DUI or DWAI charge in Colorado Springs or El Paso County, you can start with our Colorado Springs DUI defense page.

We can review both the criminal case and the driver’s-license consequences and explain what options apply to your particular situation.

Frequently Asked Questions

What BAC causes an ignition interlock violation in Colorado?

Colorado treats .025 or greater as excessive breath alcohol content for purposes of its interlock rules.

However, one reading at or above .025 does not automatically result in a one-year extension.

The DMV generally looks for qualifying excessive breath alcohol events occurring in three separate months within twelve consecutive months before issuing an extension based on excessive BAC.

How often must a Colorado ignition interlock be serviced?

At least once every 60 days.

The Colorado DMV warns that failing to report for required servicing can result in suspension until you return to compliance.

Can I drive someone else’s car while I have an interlock license?

Colorado prohibits an interlock-restricted driver from operating a vehicle that is not equipped with the required approved ignition interlock device.

Driving a non-equipped vehicle can have serious licensing consequences.

Check the restrictions on your license and speak with the DMV or your attorney before driving another vehicle.

Does one failed interlock test extend my license restriction?

Not automatically.

For an extension based on excessive breath alcohol content, the DMV looks for qualifying events in three separate months within twelve consecutive months.

Tampering and circumvention are governed by different rules and can result in much more serious consequences.

Can Colorado help pay for my ignition interlock?

Possibly.

Colorado’s Ignition Interlock Financial Assistance Program currently provides up to $400 in assistance for qualifying drivers, subject to eligibility requirements and available funds.

How soon can I remove my interlock?

It depends on the type and length of your restriction.

Under the rules in effect in 2026, certain first-time offenders who begin with an eight-month interlock requirement may qualify for early removal after four consecutive months of successful interlock driving.

Do not remove the device until the DMV has authorized you to do so.

Is Colorado changing its ignition interlock laws?

Yes.

House Bill 26-1242 was signed into law in 2026. Its primary changes to first-offense interlock requirements take effect June 1, 2027.

Among other changes, certain first-time DUI and DUI per se offenders will generally be required to maintain an interlock-restricted license for nine consecutive months following reinstatement, subject to early-removal provisions. Additionally, the 2027 law will repeal the 2-month waiting period for early interlock reinstatement for refusals.

Official Sources

• Ignition Interlock Program, Colorado DMV

• Interlock, Colorado Department of Revenue Hearings Division

• Financial Assistance for Ignition Interlock, Colorado DMV

• Approved Interlock Vendors, Colorado DMV

• Restricted License Ignition Interlock Agreement Affidavit, DR 2058

• Rule 11, Interlock-Restricted Licenses

• Transportation and Motor Vehicles: Summary of Major Legislation 2026

Related Articles-Additional Reading

• Colorado License Reinstatement: Laws & Process

• How Soon Can I Get My License Back After a DUI in Colorado Springs?

• Colorado Traffic Fines: Violations & Points if Convicted

• Colorado DUI, DWAI & UDD Penalties

from McDowell Law Firm https://mcdowellfirm.com/ignition-interlock-colorado/
https://mcdowellfirm.com/practice-area/dui-defense/

Colorado Make My Day Law: When Can You Use Force Against an Intruder?

Colorado’s “Make My Day” law gives people inside their homes broad protection against intruders. But the law is narrower than many people think.

It does not give you the right to shoot someone simply because they stepped onto your property. It does not automatically apply to someone standing on your porch. It does not necessarily apply to someone you invited into your home who later refuses to leave.

When the law does apply, however, its protections are significant. An occupant of a dwelling may use any degree of physical force, including deadly physical force, against an intruder if the specific requirements of the statute are satisfied. The occupant can also be immune from both criminal prosecution and civil liability.

The law is found at C.R.S. 18-1-704.5.

If you used force against someone in your home and police are investigating you, the details matter. Where the other person was standing, how that person entered, whether the person had been invited inside, what you believed was happening, and what you said afterward can all affect whether Colorado’s Make My Day law applies.

This article explains how the law actually works.
*
As with every article on this site, this is not legal advice. This is an informational article about the basics of Colorado law. Speak to an attorney about your specific situation. With situations involving self-defense, or use of deadly force, there are many variables on whether that use of force will be deemed to be a legal defense.*

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What Is Colorado’s Make My Day Law?

Colorado law starts with a strong statement from the legislature:

Colorado citizens have “a right to expect absolute safety within their own homes.”

That principle became part of Colorado law in 1985.

Under C.R.S. 18-1-704.5, an occupant of a dwelling may use any degree of physical force, including deadly physical force, against another person when the requirements of the statute are met.

Three basic things must exist.

First, the other person must have made an unlawful entry into the dwelling.

Second, the occupant must reasonably believe that the intruder has committed another crime inside the dwelling, or is committing or intends to commit a crime against a person or property, in addition to the uninvited entry.

Third, the occupant must reasonably believe that the intruder might use physical force, “no matter how slight,” against an occupant.

If those requirements are met, the statute authorizes any degree of physical force, including deadly force.

That is one of the major differences between Make My Day and ordinary self-defense.

You Do Not Have to Wait Until an Intruder Uses Deadly Force

One of the most important parts of the statute is often overlooked.

Make My Day does not require you to reasonably believe that the intruder is about to kill you or cause serious bodily injury.

The statute requires a reasonable belief that the intruder “might use any physical force, no matter how slight,” against an occupant.

That is a much different standard from Colorado’s ordinary rules governing the use of deadly force in self-defense.

Under C.R.S. 18-1-704, deadly physical force generally requires considerably more. Among other situations authorized by the statute, a person may use deadly force when the person reasonably believes a lesser degree of force would be inadequate and reasonably believes that the person or someone else is in imminent danger of death or great bodily injury.

Make My Day is different. When all of its requirements are satisfied, the statute specifically allows “any degree of physical force, including deadly physical force.”

What Counts as an “Unlawful Entry”?

This is where many cases become complicated.

It is not enough that you did not want the person inside.

Colorado courts have interpreted “unlawful entry” to require a knowing, criminal entry.

In People v. McNeese, the Colorado Supreme Court explained that an unlawful entry under the Make My Day law requires more than simply showing that someone entered without permission.

The focus is on whether the person knowingly made an unlawful entry.

That distinction can become extremely important when there is confusion about permission to enter, relationships between the parties, mistaken addresses, landlords or tenants, family members, and police officers.

An uninvited entry is not automatically an unlawful entry.

What If You Initially Invited the Person Inside?

This is another important limitation.

Make My Day applies to an unlawful entry. It does not say “enters or remains unlawfully.”

The Colorado Court of Appeals addressed exactly this issue in People v. Drennon.

In that case, the victim knocked on the defendant’s door. The defendant told him to come inside. They later argued, and the defendant told him to leave. When the man did not leave, the defendant stabbed him.

The court held that Make My Day did not apply.

The victim had been invited into the residence. His later refusal to leave did not transform his original entry into an unlawful entry for purposes of C.R.S. 18-1-704.5.

That does not mean someone has no right to defend themselves against an invited guest who becomes violent. Colorado’s ordinary self-defense laws may still apply.

It simply means the special Make My Day immunity may not.

The Intruder Must Be In a “Dwelling”

Make My Day does not apply everywhere on your property.

The Criminal Code defines a dwelling as a building that is used, intended to be used, or usually used by a person for habitation.

That means the property line is not the important line.

The boundaries of the dwelling are.

The Colorado Supreme Court addressed this issue directly in People v. Howell in 2024.

Howell was inside his mother’s apartment. Another man was outside on the doorstep. Howell fired through a security door and struck the man.

The Colorado Supreme Court held that the uncovered, unenclosed, and unsecured doorstep in that case was not part of the dwelling.

Because the other man had never entered the dwelling, Howell could not obtain Make My Day immunity based on that encounter.

That is an important distinction.

Someone can be extremely close to your house without having entered your dwelling.

What About a Porch, Garage, or Apartment Common Area?

There is no safe rule that every porch, garage, basement, or common area is either always covered or always excluded.

The question is whether the particular area qualifies as part of the “building” used for habitation.

Howell tells us that an uncovered, unenclosed, and unsecured outdoor doorstep is not part of a dwelling.

But the Colorado Supreme Court has also made clear that the analysis is not limited to the rooms where someone eats or sleeps.

In People v. Rau, the Colorado Supreme Court held that a shared basement in an apartment building could qualify as part of a tenant’s dwelling. The basement was part of the building and had uses that were incidental to the defendant’s use of his residence.

That decision is important because it rejects a simplistic rule that all shared areas of an apartment building are automatically outside the Make My Day law.

Garages and enclosed porches can present similar questions.

An attached garage that is part of the residential building may present a very different legal issue from a detached structure, driveway, open porch, or front yard.

These cases are extremely fact dependent.

Does Make My Day Apply in a Yard or Driveway?

Generally, no.

A yard or driveway is not itself a building used for habitation.

Someone trespassing on your yard does not automatically trigger Make My Day simply because that person is on your property.

Colorado has separate laws dealing with self-defense, defense of property, and defense of premises.

If the person has not unlawfully entered a dwelling, the special protection of C.R.S. 18-1-704.5 does not apply.

That does not necessarily mean the use of force was illegal. It means the conduct must be evaluated under other Colorado use-of-force laws.

Does Make My Day Apply to a Car?

Ordinarily, no.

A vehicle is not a “dwelling” simply because you happen to be inside it.

An incident involving a person entering or attacking someone in a vehicle would generally be evaluated under Colorado’s ordinary self-defense statutes rather than C.R.S. 18-1-704.5.

Again, that does not mean you cannot defend yourself inside a car. It means Make My Day is usually not the statute that determines whether the force was justified.

Make My Day Is Not the Same as “Stand Your Ground”

These concepts are frequently confused.

Colorado does not have a statute titled “Stand Your Ground.”

Instead, Colorado has long followed a no-duty-to-retreat rule through its self-defense law and court decisions.

The Colorado Supreme Court explained in cases such as People v. Toler and Idrogo v. People that a person who is otherwise entitled to use force in self-defense generally does not have to retreat before doing so. Colorado’s statutory exception applies to an initial aggressor, who generally must withdraw from the encounter and communicate that withdrawal before regaining the right to use force in self-defense.

Make My Day is different.

Make My Day is a specific statute applying to force used against someone who has unlawfully entered a dwelling under the circumstances described in C.R.S. 18-1-704.5.

It also provides something ordinary self-defense usually does not: statutory immunity from criminal prosecution for the use of force when its requirements are satisfied.

For a broader discussion, see our guide to self-defense laws in Colorado.

Make My Day Can Provide Immunity Before Trial

One of the most powerful parts of the law is the immunity provision.

This is more than simply arguing self-defense to a jury.

A defendant can ask the court before trial to dismiss charges based on Make My Day immunity.

The Colorado Supreme Court established the procedure in People v. Guenther.

At the pretrial hearing, the defendant has the burden of proving by a preponderance of the evidence that the requirements for statutory immunity are satisfied.

That means the judge can hear evidence and decide the Make My Day issue before a jury trial takes place.

If the defendant establishes the right to immunity, the court must dismiss the charges to which the immunity applies.

If the judge denies immunity, however, the case is not necessarily over from a self-defense standpoint.

The defendant may still raise the force-against-intruders defense at trial when legally appropriate. At trial, once an affirmative defense is properly raised, the burden applicable to an affirmative defense shifts to the prosecution.

That distinction between pretrial immunity and the defense at trial is important.

Four Questions I Would Ask in a Make My Day Case

When I evaluate one of these cases, I would start with four questions.

1. Did the other person actually enter a dwelling?

This can involve photographs, surveillance video, doorbell video, measurements, diagrams, and testimony about the layout of the property.

2. Was the entry knowingly unlawful?

Was the person invited? Did someone else who lived there invite the person? Did the person reasonably believe they had permission to enter? Had the person already been inside lawfully?

3. What other crime did the occupant reasonably believe was occurring or about to occur?

The unlawful entry alone is not enough.

4. Why did the occupant reasonably believe the intruder might use physical force against an occupant?

That belief does not have to involve fear of death or serious bodily injury. The statute expressly says “any physical force, no matter how slight.”

Those questions usually matter much more than whether someone describes the incident as a burglary, home invasion, trespass, or self-defense.

Common Myths About Colorado’s Make My Day Law

“I can shoot anyone who comes onto my property.”

No. The statute requires an unlawful entry into a dwelling. (And there are other factors as well, as laid out above.) Someone standing in your yard or driveway has not necessarily entered a dwelling.

“If someone refuses to leave my house, Make My Day automatically applies.”

No. If you originally invited the person inside, the fact that the person later refuses to leave does not by itself satisfy the unlawful-entry requirement. People v. Drennon addressed this issue directly.

“The intruder has to have a gun.”

No. The statute does not require the intruder to be armed.

“I have to wait until the intruder attacks me.”

No. The statute requires a reasonable belief that the intruder might use physical force, no matter how slight. It does not require you to wait until the first blow is struck.

“The force has to be proportional to the intruder’s force.”

That is not how C.R.S. 18-1-704.5 is written. When all of the statute’s requirements are satisfied, it expressly authorizes “any degree of physical force, including deadly physical force.”

That is very different from ordinary self-defense, where the degree of force and the circumstances permitting deadly force are governed by C.R.S. 18-1-704.

“Make My Day means the police cannot arrest me.”

No.

Police can still investigate a shooting or other use-of-force incident. Prosecutors can still file charges.

Make My Day gives a qualifying defendant immunity from prosecution, but whether the requirements are satisfied can become a disputed legal and factual issue for a judge.

What Should You Do After a Home-Defense Shooting or Use of Force?

If someone has been seriously injured or killed, call 911 and request medical assistance.

Do not disturb or clean the scene.

Preserve doorbell cameras, home surveillance systems, text messages, phone records, photographs, damaged doors, broken locks, and anything else that could document how the person entered or what occurred.

Identify witnesses.

Be respectful and cooperative with law enforcement, but understand the difference between providing basic identifying information and giving a detailed statement about a shooting or serious use of force.

You have the right to remain silent. You also have the right to speak with an attorney before giving a detailed statement.

That can matter enormously in a Make My Day case because your beliefs at the moment force was used are part of the legal analysis.

Criminal Charges After a Self-Defense Incident

When prosecutors believe the use of force was unlawful, potential charges can range from misdemeanor assault to serious felony assault or homicide charges.

The exact charge depends on the conduct, injuries, alleged mental state, and other facts.

You can read more about Colorado assault charges here:

Different Degrees of Assault Under Colorado Law

Second-Degree Assault in Colorado

First-Degree Assault in Colorado

A self-defense case should be analyzed as a self-defense case from the beginning. The defense should not be added after the prosecution has already defined the facts.

Colorado Springs Criminal Defense Lawyer for Self-Defense Cases

I spent years as a prosecutor before becoming a criminal defense attorney.

That experience matters in a self-defense case because these cases often turn on how prosecutors interpret evidence before the case ever reaches a jury.

We look closely at the physical evidence, photographs, surveillance video, 911 recordings, witness statements, police reports, forensic evidence, and the exact layout of the location.

If Make My Day applies, we can evaluate whether to seek dismissal based on statutory immunity.

If it does not apply, we can determine whether Colorado’s ordinary self-defense laws provide a defense.

If you are facing criminal charges after defending yourself or someone else, you can learn more about our Colorado Springs criminal defense practice or contact McDowell Law Firm to discuss your case.

Colorado Make My Day Law FAQ

Can you shoot an intruder in your house in Colorado?

Potentially. Colorado law allows an occupant of a dwelling to use any degree of physical force, including deadly force, when all of the requirements of C.R.S. 18-1-704.5 are satisfied.

An unlawful entry by itself is not enough.

Does an intruder have to be armed?

No.

The statute requires the occupant to reasonably believe that the intruder might use any physical force, no matter how slight, against an occupant. It does not require the intruder to possess a weapon.

Does someone have to break down the door?

No.

Colorado’s Make My Day law does not require a forcible entry. The legal question is whether there was a knowingly unlawful entry into the dwelling.

Does Make My Day apply if someone is standing on my front step?

Not necessarily, and the Colorado Supreme Court has specifically rejected that argument in at least one important situation.

In People v. Howell, the court held that an uncovered, unenclosed, and unsecured doorstep was not part of the dwelling. The person standing there had not entered the dwelling.

What if I invited the person into my house and then told them to leave?

Make My Day generally does not apply simply because an invited guest later refuses to leave.

People v. Drennon held that the statute requires an unlawful entry and does not include merely “remaining unlawfully.”

Ordinary self-defense may still apply if the person threatens or attacks you.

Does Make My Day apply to an attached garage?

Possibly.

The answer depends on whether the particular area qualifies as part of the dwelling under Colorado law. Colorado courts look at whether the area is part of a building used for habitation and how that area relates to the residential use of the building.

This is a fact-specific issue.

Is Colorado a Stand Your Ground state?

Colorado has a long-standing no-duty-to-retreat rule, but it does not have a statute formally titled “Stand Your Ground.”

A non-aggressor who is otherwise justified in using force generally does not have to retreat before defending himself or herself.

That rule is separate from Colorado’s Make My Day statute.

Can I still claim self-defense if Make My Day does not apply?

Yes, potentially.

Failure to qualify for Make My Day immunity does not automatically mean the use of force was criminal.

Colorado’s general self-defense law under C.R.S. 18-1-704 may still justify the use of force depending on the circumstances.

Legal Sources

C.R.S. 18-1-704.5, Use of Deadly Physical Force Against an Intruder

C.R.S. 18-1-704, Use of Physical Force in Defense of a Person

People v. Howell, 2024 CO 42

People v. McNeese, 892 P.2d 304 (Colo. 1995)

People v. Drennon, 860 P.2d 589 (Colo. App. 1993)

People v. Guenther, 740 P.2d 971 (Colo. 1987)

Idrogo v. People, 818 P.2d 752 (Colo. 1991)

People v. Toler, 9 P.3d 341 (Colo. 2000)

Other Reading

• Self Defense Laws in Colorado: Legality, Castle Doctrine

The post Colorado Make My Day Law: When Can You Use Force Against an Intruder? first appeared on McDowell Law Firm.

from McDowell Law Firm https://mcdowellfirm.com/make-my-day-law-colorado/
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Vehicular Assault in Colorado: Charges, Penalties and Defenses

A serious car crash can turn into a felony criminal case very quickly.

In Colorado, a driver may be charged with vehicular assault when reckless driving, driving under the influence, or driving while ability impaired causes serious bodily injury to another person.

Vehicular assault is always a felony. The seriousness of the felony depends on what the prosecution claims caused the crash.

Under C.R.S. 18-3-205:

• Vehicular assault based on DUI is a class 4 felony.

• Vehicular assault based on DWAI is a class 5 felony.

• Vehicular assault based on reckless driving is a class 5 felony.

These cases are substantially more serious than an ordinary DUI or traffic case. A conviction can mean prison, probation, loss of your driver’s license, restitution, substantial fines, and a permanent felony conviction.

If you have been arrested or are under investigation for vehicular assault in Colorado Springs, it is important to understand exactly what the prosecution has to prove.

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What Is Vehicular Assault in Colorado?

Colorado law provides three basic ways a person can commit vehicular assault.

Vehicular Assault Based on Reckless Driving

A person commits vehicular assault if the person:

1. Operates or drives a motor vehicle in a reckless manner;

2. The reckless driving is the proximate cause of an injury to another person; and

3. The injury qualifies as “serious bodily injury” under Colorado law.

This version is a class 5 felony.

A serious crash by itself does not necessarily prove reckless driving.

Colorado generally defines reckless conduct as consciously disregarding a substantial and unjustifiable risk. That is different from ordinary negligence or momentary inattention.

The distinction can become extremely important in a vehicular assault case.

Vehicular Assault Based on DUI

A person also commits vehicular assault if the person:

1. Operates or drives a motor vehicle while under the influence of alcohol, drugs, or a combination of alcohol and drugs;

2. The driving is the proximate cause of another person’s serious bodily injury.

Vehicular assault based on DUI is a class 4 felony.

The DUI version is expressly classified as a strict liability offense under C.R.S. 18-3-205. The prosecution does not have to prove that the driver intended to cause an injury.

It still must prove the other elements of the charge, including that the defendant was driving under the influence and that the driving was the proximate cause of serious bodily injury.

Vehicular Assault Based on DWAI

Colorado also recognizes vehicular assault based on driving while ability impaired, or DWAI.

DWAI is a lower level of impairment than DUI. Under Colorado law, a person may be DWAI when alcohol or drugs affect the person “to the slightest degree” so that the person is less able than usual to exercise clear judgment, physical control, or due care in operating the vehicle.

Vehicular assault based on DWAI is a class 5 felony.

That distinction matters. A prosecutor does not necessarily have to prove full DUI-level impairment to pursue felony vehicular assault.

If your case involves alcohol or drugs, our Colorado Springs DUI defense page explains Colorado DUI and DWAI law in more detail.

Version charged	Felony class
Reckless driving causing serious bodily injury	Class 5
Driving while impaired (DWAI) causing serious bodily injury	Class 5
Driving under the influence causing serious bodily injury	Class 4

Source for the classes: C.R.S. 18-3-205.

What Does “Serious Bodily Injury” Mean?

The word “serious” has a specific legal meaning.

Colorado defines serious bodily injury in C.R.S. 18-1-901.

Serious bodily injury includes bodily injury that involves:

• A substantial risk of death;

• Serious permanent disfigurement;

• Protracted loss or impairment of the function of a body part or organ;

• A break or fracture; or

• A second-degree or third-degree burn.

The fracture provision surprises many people.

A broken bone can qualify as serious bodily injury even if the person is expected to make a full recovery.

On the other hand, the fact that a collision looked severe does not automatically establish serious bodily injury. The prosecution must prove the injury itself meets the statutory definition.

That makes medical records, imaging, physician testimony, and the exact nature of the injury important evidence.

What Does “Proximate Cause” Mean?

An injury occurring after a crash is not enough by itself.

The prosecution must prove that the defendant’s driving was the proximate cause of the serious bodily injury.

Causation can become a major issue when several things contributed to the collision.

Examples may include:

• Another driver’s conduct;

• A pedestrian’s actions;

• Weather or road conditions;

• Poor lighting;

• Construction;

• Mechanical failure;

• A sudden medical emergency;

• The injured person’s failure to use a seat belt;

• Multiple impacts involving several vehicles.

The existence of another contributing cause does not automatically defeat a prosecution. The question is whether the defendant’s conduct legally caused the injury.

Crash reconstruction, vehicle data, witness statements, photographs, video, and medical evidence may all become important.

Is “DUI With Injury” the Same as Vehicular Assault?

People often refer to these cases as “DUI causing injury” or “DUI with injury.”

When a DUI causes serious bodily injury, the felony charge is generally vehicular assault under C.R.S. 18-3-205.

That is very different from an ordinary misdemeanor DUI.

A standard DUI focuses primarily on whether the person drove while under the influence.

Vehicular assault requires additional proof that:

• Another person suffered serious bodily injury; and

• The defendant’s conduct was the proximate cause of that injury.

DUI is also a lesser-included offense of vehicular assault based on DUI. A defendant generally cannot receive separate convictions and punishments for both offenses based on the same conduct. The DUI conviction merges into the vehicular assault conviction.

For DUI cases that do not involve serious bodily injury, see our Colorado Springs DUI lawyer page.

Blood Tests After a Serious Crash

The blood-testing rules in a vehicular assault investigation can be different from the rules people associate with an ordinary DUI arrest.

Under C.R.S. 18-3-205, if an officer has probable cause to believe a person committed alcohol or drug-related vehicular assault, the officer may require chemical testing.

The statute permits testing of blood, breath, saliva, or urine depending on the circumstances.

If a person refuses to complete or cooperate with testing, the statute permits testing to be performed at the direction of an officer with probable cause without the person’s authorization or consent.

That does not mean every blood test is automatically valid or immune from challenge.

Issues may include:

• Whether probable cause existed;

• Whether the seizure complied with constitutional requirements;

• Whether the proper person drew the blood;

• Whether the sample was properly collected and preserved;

• Chain of custody;

• Laboratory procedures;

• Contamination;

• Timing of the test;

• Retrograde extrapolation;

• Whether the result actually proves impairment at the time of driving.

Colorado law also provides a permissible inference of DUI when a driver’s BAC is 0.08 or higher.

For marijuana, five nanograms or more of delta-9 THC per milliliter of whole blood creates a permissible inference that the driver was under the influence of drugs. It is not an automatic finding of guilt.

Reckless Driving Versus Careless Driving

One of the most important questions in some vehicular assault cases is whether the driving was actually reckless.

Recklessness requires more than showing that the driver made a mistake.

It generally requires proof that the person consciously disregarded a substantial and unjustifiable risk.

Careless driving involves a lower level of culpability.

This distinction became even more important after a change in Colorado law that took effect June 2, 2025.

Under C.R.S. 42-4-1402, careless driving that proximately causes serious bodily injury is now a class 1 misdemeanor traffic offense.

That creates a major difference in potential consequences.

Reckless driving causing serious bodily injury can support a class 5 felony vehicular assault charge.

Careless driving causing serious bodily injury can result in a class 1 misdemeanor traffic offense.

One caution is important. Colorado appellate courts have held that careless driving is not automatically a lesser-included offense of reckless vehicular assault. The relationship between the charges can therefore depend on how the prosecution filed the case and how the issues are presented at trial.

For more information about traffic offenses, see our Colorado Springs traffic defense page.

We also discuss the civil side of serious careless-driving collisions on our page about careless driving causing injury.

Penalties for Vehicular Assault in Colorado

The potential punishment depends on whether the offense is a class 4 or class 5 felony.

DUI Vehicular Assault

Vehicular assault based on DUI is a class 4 felony.

The ordinary presumptive sentencing range for a Colorado class 4 felony is:

• 2 to 6 years in the Department of Corrections; and

• A possible fine of $2,000 to $500,000.

Other sentencing statutes can increase the range in particular cases.

Probation may be legally available in some cases depending on the charges, criminal history, aggravating circumstances, and applicable sentencing statutes.

DWAI or Reckless Vehicular Assault

Vehicular assault based on DWAI or reckless driving is a class 5 felony.

The ordinary presumptive range for a class 5 felony is:

• 1 to 3 years in the Department of Corrections; and

• A possible fine of $1,000 to $100,000.

Again, aggravating circumstances, prior convictions, probation or parole status, and other sentencing provisions can change the exposure.

Vehicular assault is not automatically a Colorado “crime of violence” merely because serious bodily injury occurred. It also is not generally listed as an extraordinary-risk offense. Specific sentencing enhancements can nevertheless apply depending on the facts.

If you want a broader explanation of how Colorado judges decide between probation, jail and prison, see Am I Going to Jail? A Defense Attorney’s Guide.

Driver’s License Consequences

The criminal sentence is only part of the problem.

Colorado law requires driver’s license revocation following a conviction for vehicular assault.

An alcohol or drug case may also produce a separate administrative DMV case based on Express Consent law.

That means a person can be fighting two different proceedings:

• The criminal case in court; and

• The administrative license case with the Colorado DMV.

Those cases overlap, but they are not the same proceeding.

No two cases are alike, but the work usually begins with the same questions. They map onto what the prosecution must prove.

**
Bond for Vehicular Assault in El Paso County**

Bond depends on the individual case.

The current Fourth Judicial District bond schedule, Chief Judge Order 2025-07, is a reference schedule used in El Paso and Teller Counties. It does not guarantee what bond a particular judge will impose.

The schedule currently lists:

• $10,000 as the reference bond amount for vehicular assault involving alcohol or drugs.

• $2,000 as the general reference amount for a class 5 felony.

  https://www.coloradojudicial.gov/sites/default/files/2024-08/CJO%202024-05%20Bond%20Schedule%20Revised%20July%202024%20to%20add%20Juvenile.pdf

The judge must still consider the statutory bond factors and the individual facts of the case.

Conditions may also be imposed, including restrictions involving alcohol or drugs, monitored sobriety, driving, travel, firearms, contact with alleged victims, or other conditions the court considers appropriate.

How We Defend Vehicular Assault Cases

There is no single defense that applies to every vehicular assault prosecution.

The first step is identifying exactly which element the prosecution may have difficulty proving.

Was the Defendant Driving?

This sounds obvious, but it is not always clear after a serious collision.

Occupants may be injured, transported separately, unconscious, or outside the vehicle when officers arrive.

The prosecution still has to prove who operated the vehicle.

Was the Driving Reckless?

A bad result does not necessarily mean the driving was reckless.

We examine speed, traffic, road conditions, distractions, visibility, witness testimony, vehicle data, surveillance footage, and crash reconstruction evidence.

A momentary mistake and conscious disregard of a substantial risk are not the same thing.

Was the Defendant Actually Impaired?

A positive alcohol or drug test does not end the analysis.

Blood concentration and impairment are related issues, but they are not always identical.

We look at:

• Driving behavior;

• Officer observations;

• Medical treatment;

• Injuries;

• Field sobriety testing;

• Blood or breath results;

• Prescription medications;

• Toxicology;

• Testing procedures;

• Timing.

Did the Defendant Cause the Injury?

A prosecution must prove proximate cause beyond a reasonable doubt.

Crash reconstruction can become critical when another vehicle, road condition, mechanical issue, or other event contributed to what happened.

Does the Injury Qualify as Serious Bodily Injury?

We review the medical evidence rather than relying only on the language used in the police report.

An injury must actually fit Colorado’s statutory definition.

Was the Evidence Lawfully Obtained?

Vehicular assault investigations can involve search warrants, hospital records, blood draws, vehicle searches, event data recorders, cell phones, surveillance footage, and statements made at the scene.

Each source of evidence should be reviewed independently.

What Should You Do After Being Arrested?

If you are being investigated for vehicular assault, the early stages of the case matter.

A few basic steps can protect you:

1. Do not give investigators a detailed statement without speaking with an attorney.

2. Do not discuss the crash on social media.

3. Preserve photographs, video, dashcam footage, text messages and other evidence.

4. Write down what you remember while the events are still fresh.

5. Follow every bond condition.

6. Attend every court date.

7. Speak with a criminal defense attorney before making decisions about interviews, testing or plea negotiations.

For more information about what happens after charges are filed, see What Does a Criminal Defense Lawyer Do?.

Vehicular Assault Versus Other Colorado Assault Charges

Vehicular assault is different from first, second, or third-degree assault.

Traditional assault charges often focus heavily on what the defendant intended or knew.

Vehicular assault focuses on driving or operating a motor vehicle, the defendant’s level of impairment or recklessness, causation, and serious bodily injury.

For a broader explanation, see our guide to the different degrees of assault under Colorado law and our page explaining second-degree assault in Colorado.

Injured in a Serious Crash?

The criminal prosecution and a personal injury claim are separate cases.

The district attorney prosecutes the criminal charge on behalf of the State of Colorado.

An injured person may separately have a civil claim seeking compensation for medical expenses, lost income, pain and other damages.

Our Colorado Springs personal injury page discusses civil injury cases.

Talk With a Colorado Springs Vehicular Assault Lawyer

Vehicular assault is a felony charge with consequences that can last far beyond the criminal case.

These cases often involve several separate areas of evidence at the same time, including toxicology, crash reconstruction, medical records, DUI law, constitutional search-and-seizure issues, and Colorado sentencing law.

McDowell Law Firm represents people charged with serious traffic crimes, DUI offenses and felony criminal cases in Colorado Springs and throughout the Pikes Peak region.

Josh McDowell is a former prosecutor who personally handles the firm’s criminal cases.

If you have been charged with vehicular assault or believe you are under investigation, contact us to discuss the facts of your case.

You can also visit our Colorado Springs DUI defense page or our criminal defense page.

Frequently Asked Questions

Is vehicular assault a felony in Colorado?

Yes. Vehicular assault is a felony under C.R.S. 18-3-205.

DUI vehicular assault is a class 4 felony. DWAI and reckless-driving vehicular assault are class 5 felonies.

Can I be charged with vehicular assault if the other person only broke a bone?

Yes.

Colorado’s definition of serious bodily injury specifically includes breaks and fractures. A fracture can therefore satisfy the injury requirement even when it is expected to heal.

Do prosecutors have to prove that I intended to hurt someone?

For DUI vehicular assault, no.

The statute expressly makes that version a strict liability crime. The prosecution must still prove DUI, serious bodily injury, and proximate causation.

For reckless vehicular assault, the prosecution must prove reckless driving.

Is careless driving causing serious bodily injury also a felony?

No.

As of June 2, 2025, careless driving that proximately causes serious bodily injury is a class 1 misdemeanor traffic offense.

That is different from reckless vehicular assault, which is a class 5 felony.

Is careless driving a lesser-included offense of reckless vehicular assault?

Not automatically.

Colorado appellate courts have held that careless driving is not a lesser-included offense of reckless vehicular assault.

Can police force a blood draw in a vehicular assault investigation?

Colorado law gives officers substantial authority to obtain testing when they have probable cause to believe a person committed alcohol or drug-related vehicular assault.

Whether a particular blood draw was constitutional and admissible still depends on the facts.

What is the bond for vehicular assault in Colorado Springs?

The current Fourth Judicial District reference schedule lists $10,000 for vehicular assault involving alcohol or drugs.

That is only a reference amount. A judge determines bond based on Colorado law and the circumstances of the individual defendant and case.

Does a DUI conviction merge with DUI vehicular assault?

Generally, yes.

Colorado courts have held that DUI is a lesser-included offense of DUI vehicular assault. Separate convictions based on the same conduct cannot ordinarily remain after merger.

Sources

• C.R.S. 18-3-205, vehicular assault (Justia)

• C.R.S. 18-1-901, definitions (Justia)

• People v. Vigil, Colorado Supreme Court (2021)

• Colorado Supreme Court opinion on lesser included offenses and merger

• SB 25-281, careless driving resulting in serious bodily injury or death

• Fourth Judicial District 2025-03 Amended Bond Schedule

• Colorado Drunk Driving Laws, Colorado Law Summary

Additional Reading

• Different Degrees of Assault Under Colorado Criminal Law

• Leaving the Scene of an Accident in Colorado: Penalties, Charges

The post Vehicular Assault in Colorado: Charges, Penalties and Defenses first appeared on McDowell Law Firm.

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