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Colorado DUI & DWAI Charges

Colorado has two impaired-driving offenses (C.R.S. § 42-4-1301): DUI, with a per se limit of 0.08 BAC or more, and the lesser DWAI, which applies above 0.05 but below 0.08. A 4th or subsequent offense is a class 4 felony. The express-consent law (C.R.S. § 42-4-1301.1) deems drivers to have agreed to chemical testing, and refusing triggers an automatic DMV license revocation separate from the criminal case.

By Find Local Law Editorial Team · Last reviewed: May 26, 2026

Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.

This is general information, not legal advice, and Colorado’s impaired-driving penalties are detailed and frequently amended — confirm the current numbers against the statute and talk to a Colorado attorney.

Impaired driving is one of Colorado’s most common — and most consequential — charges, and the state recognizes two offenses.

DUI vs. DWAI

Under C.R.S. § 42-4-1301, Colorado has:

  • DUI (driving under the influence) — including a per se limit of 0.08 BAC or more; and
  • DWAI (driving while ability impaired) — the lesser offense, which applies at a BAC of more than 0.05 but less than 0.08.

You can face DUI or DWAI for alcohol, drugs, or a combination.

A 4th offense is a felony

Penalties escalate with prior offenses, and a 4th (or subsequent) offense is a class 4 felony. Because the specific jail, fine, and lookback rules are detailed and amendment-prone, confirm the current penalties against the statute rather than relying on figures you read elsewhere.

Colorado’s express-consent law (C.R.S. § 42-4-1301.1) deems drivers to have consented to chemical testing. Refusing triggers an automatic administrative license revocation by the DMV — a process that runs separate from the criminal case, so a driver can face license consequences even before any conviction.

For how a case moves through the courts, see the criminal process, or return to the criminal-defense hub. To get matched with a local Colorado DUI attorney, connect with a lawyer.

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Frequently asked questions

What's the difference between DUI and DWAI in Colorado?
Both are impaired-driving offenses under C.R.S. § 42-4-1301. DUI includes a per se limit of 0.08 BAC or more. DWAI (driving while ability impaired) is the lesser offense and applies at a BAC of more than 0.05 but less than 0.08.
Is a Colorado DUI ever a felony?
Yes. A 4th (or subsequent) offense is a class 4 felony. Earlier offenses carry their own penalties — confirm the current numbers against the statute.
Can I refuse a chemical test in Colorado?
Colorado's express-consent law (C.R.S. § 42-4-1301.1) deems drivers to have consented to chemical testing. Refusing triggers an automatic administrative license revocation by the DMV, which is separate from the criminal case.

Sources

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