Colorado DUI (driving while under the influence of alcohol, drugs, or both) and DWAI (driving while ability impaired) charges trigger two separate cases. The first is the Motor Vehicles action (DMV) in which a person’s driving privileges can be suspended. The second, is the criminal court case, in which drunk driving punishment is given by the court and can include fines, probation and even jail time.

It is important to retain an attorney immediately if you are charged and arrested for a DUI because you only have 7 days to request a hearing with the DMV. If a hearing is not requested within 7 days from the date of your arrest, your license will be suspended automatically, without any recourse.

Colorado DUI defendants can be charged with either a DUI or a DWAI. A DWAI offense in Colorado is a lesser offense, in which the person’s blood alcohol level (BAC) is .05% or higher.

Colorado prosecutors can bring DUI/DWAI charges under two theories. The first theory is the "under the influence” theory, meaning that the prosecutor must prove that you consumed enough alcohol to make yourself incapable of exercising clear judgment, sufficient physical control, or due care in the safe operation of a motor vehicle. The prosecution will usually introduce evidence such as your driving pattern, your physical appearance, your field sobriety test results and possibly your BAC test results.

You can also be prosecuted under Colorado's “per se” laws, which is strictly a BAC level violation. A per se charge is brought against those arrested for DUI who have a blood alcohol or breath sample of .08% or higher. Under this theory it makes no difference if you were capable to safely drive or not. The charge is based solely on body chemistry.

As mentioned above, Colorado also has a DWAI charge, which is substantially similar to the DUI charge described above. The DWAI charge means that to be convicted, the prosecution only has to show that the defendant was affected slightly, so that the person was less able than he/she ordinarily would have been to exercise clear judgment.

A typical first offense under Colorado DUI law will result in unsupervised probation for 1-2 years, 48 hours of public service, alcohol education course, and fines of about $500. If an offender has a BAC over .20%, the sentence is 10 days in jail, with second and third offenses resulting in higher jail sentences. The maximum punishments for a Colorado DUI is one year in jail, a maximum fine of $1,000, 96 hours of public service, mandatory alcohol evaluation and alcohol education course, and up to 86 hours of alcohol therapy.