Mina Company, Author at The Chariot Law Firm

Driving Under the Influence in Colorado: What You Need to Know

by Mina Company | Jul 21, 2026 | Criminal Defense

Understanding the Charge

Colorado treats Driving Under the Influence (DUI) as a serious public safety issue with significant and sometimes severe penalties, ranging from probation to jail or prison time. In addition, DUI allegations — not even convictions — can cause significant collateral consequences, such as losing your license or being required to use an Interlock device. Navigating a DUI charge alone can be a daunting and intimidating experience, and here at The Law Office of Emily A. Jones, we have the experience to help you through that process.

What “DUI” Means

In Colorado, DUI typically means driving under the influence of alcohol, drugs, or a combination of both, to a degree that renders the person substantially incapable of exercising clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.

Colorado also has a “lesser” charge called Driving While Ability Impaired (DWAI). This is when someone operates a motor vehicle after using alcohol, drugs, or a combination of both, to the point where they are impaired to the slightest degree. While this is a less serious charge than DUI, after a first offense, the consequences are the same.

What Is “DUI Per Se”?

Colorado recognizes a “DUI per se” concept. What this means is that if your blood alcohol content is above a certain level, you are automatically presumed to be under the influence. For alcohol, that threshold is a BAC over 0.08 percent. Colorado also recognizes a “per se” level for marijuana, which is 5ng of THC per mL of blood tested.

Prior Convictions Matter

Colorado takes DUIs very seriously, and the number of previous alcohol-related driving offenses greatly impacts the consequences of a current charge.

First Offense (misdemeanor):

12–18 months of probation
5–364 days in jail
Jail is not mandatory unless BAC is over 0.15, in which case a 10-day mandatory jail sentence applies
Alcohol/drug monitoring and treatment
48–96 hours of community service
$600–$1,000 fine

Second Offense (misdemeanor):

Minimum 2 years of probation
10–364 days in jail
Mandatory 10-day jail sentence (in addition to probation)
Alcohol/drug monitoring and treatment
48–120 hours of community service
$600–$1,500 fine

Third Offense (misdemeanor):

Minimum 2 years of probation
60–364 days in jail
Mandatory 60-day jail sentence (in addition to probation)
Alcohol/drug monitoring and treatment
48–120 hours of community service
$600–$1,500 fine

Fourth and Subsequent Offense (Class 4 felony):

Minimum 2 years of probation
2–6 years in prison
Mandatory 90-day jail sentence if granted probation
Alcohol/drug monitoring and treatment
48–120 hours of community service
$2,000–$500,000 fine

Collateral Consequences

Beyond criminal penalties, there are significant collateral consequences you may face when charged with a DUI, even if you are never convicted. In Colorado, having a driver’s license means you have consented to a chemical test of your blood if you are suspected of DUI. If you refuse this test, your license will automatically be suspended for up to a year. If your BAC is over 0.08, your license will also be suspended for up to a year. In most cases, you can get your license reinstated before the year is up; however, this will require an Interlock device to be installed in your vehicle for a period of time depending on the level of offense. If you are facing a felony DUI, you are also at risk of losing your firearm rights. Employment, education, and professional licensing can all be affected by a DUI as well.

If you or someone you know is facing a DUI charge, a skilled and experienced attorney can make a significant difference in the outcome of your case. At The Law Office of Emily A. Jones, we have decades of experience fighting DUIs and minimizing the impact they have on your life. Do not hesitate to reach out — we have your back.

Defending Your Rights After a DUI Arrest

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Roadsides: You Have a Right to (and Should) Say ‘No’

by Mina Company | Jul 7, 2026 | Criminal Defense

Your Rights During a DUI Investigation

Driving under the influence is a serious offense and should not be taken lightly. However, this does not mean you should waive your valuable rights if you are being investigated for a DUI. One of those rights is the right to refuse roadside tests. Taking roadside tests will never help your case. At best, you will be placed under arrest and required to take a blood or breath test. At worst, you can be falsely accused of driving under the influence.

How a DUI Investigation Typically Unfolds

A DUI investigation typically follows these steps. First, someone is pulled over for a traffic violation. The officer will then usually look for “indicia,” or signs, of intoxication. This could include bloodshot and watery eyes, slurred speech, fumbling of documents, and more. At this point, the officer will likely ask the person to perform “voluntary roadside maneuvers.” They may phrase it in a way that feels like you are required to comply. Or, they might say you can prove you are sober by taking the maneuvers. This is almost never the case. Once you are asked to perform roadside maneuvers, the officer has already made up their mind that you are under the influence. The roadsides will do nothing more than hurt your situation. The point of roadsides is not to exonerate you, but to gather evidence against you.

What Roadside Tests Actually Look Like

For example, the walk-and-turn test requires you to stand with one foot in front of the other while the officer gives instructions. If you lose your balance, this will be used against you. You must then take nine steps heel-to-toe with your hands at your sides. If you miss your heel by half an inch, this will be used against you. If you raise your arm an inch, this will be used against you. If you do not complete the turn exactly as described by the officer, this will be used against you.

Another test is the one-leg stand. You are required to stand on one leg with your other leg lifted about six inches off the ground. You will then be asked to count to thirty. If you put your leg down, this will be used against you. If you raise your arm to balance, this will be used against you. Long story short, there is no benefit to taking roadside tests.

Always Refuse — It’s Your Constitutional Right

When asked to take roadside tests, you should always refuse — and you have a Constitutional right to do so. The right to refuse roadsides is rooted in the 5th Amendment and your right to remain silent. The U.S. Supreme Court has found that roadside tests are akin to self-incrimination and, therefore, must be voluntary. If you refuse roadsides, that refusal cannot be used against you. In fact, if your case were to go to trial, the jury would not even be permitted to know that the tests were offered to you.

To be clear, roadside maneuvers are very different from taking a breath or blood test. Refusing a breath or blood test does come with significant consequences, including loss of your license and a DUI conviction. However, roadside maneuvers fall into a separate category and should always be refused.

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