Driving Under the Influence in Colorado

More than one-third of all Colorado traffic fatalities are alcohol-related. The process following an alcohol or drug-related DUI or DWAI arrest is complicated and challenging. In the typical arrest, the arresting officer initiates two separate proceedings—one criminal, by virtue of a “Uniform Summons and Complaint” into County Court, and the other administrative, with service of the “Express Consent Affidavit and Notice of Revocation” on behalf of the Colorado Department of Revenue, Division of Motor Vehicles (DMV).

The County Court process determines whether you should be subject to fines, costs, jail time and rehabilitative requirements. The DMV process determines whether you lose driving privileges. Each process is independent of the other, and, by law, has no bearing on the outcome of the other. Even if one case is dismissed, the other will proceed.

Road 1 is an overview of the administrative process through the DMV for an alcohol or drug-related driving arrest. This process is generally governed by C.R.S. 42-2-126.

Road 2 describes the process of an alcohol or drug-related arrest through the County Court. C.R.S. 42-4-1301 through 1307 provides the statutory guidance for the criminal sanctions.

 DUI – statute(s)R.S.A.§ 42-4-1301.

• DUI – standard
  1. “A person who drives a motor vehicle or vehicle under the influence of . . . one or more drugs . . . commits driving under the influence.” C.R.S.A.§ 42-4-1301(1)(a). “Driving while under the influence” (“DUI”) means that the substance affects the person “to a degree that the person is substantially incapable, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.” C.R.S.A. § 42-4-1301(1)(f).
  2. “A person who drives a motor vehicle or vehicle while impaired by . . . one or more drugs . . . commits driving while ability impaired.” C.R.S.A.§ 42-4-1301(1)(b). “Driving while ability impaired” (“DWAI”) means that the substance affects the person “to the slightest degree so that the person is less able than the person ordinarily would have been, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.” C.R.S.A. § 42-4-1301(1)(g).