State service guide

Colorado DUI laws: DUI versus DWAI, separate DMV hearings, seven-day deadlines, and Persistent Drunk Driver triggers

A useful Colorado DUI page should start by separating the DMV case from the court case, because the state says those paths operate independently and the license action can move even if the criminal case does not. Colorado also does not use one flat BAC rule. CDOT says 0.05 BAC is the DWAI level and 0.08 BAC is the DUI level, but officers can still arrest for impairment below 0.05. The most useful state-specific details are the seven-day DMV hearing deadline, the under-21 alcohol rules that start at 0.02 BAC, the way refusal and 0.15 BAC create Persistent Drunk Driver consequences, and the fact that a fourth or later impaired-driving offense can move into felony territory.

Open official source View Colorado services
Adult alcohol thresholds Colorado's public guidance uses 0.05 BAC for DWAI and 0.08 BAC for DUI, but officers can still arrest for impairment below 0.05
DMV hearing deadline Colorado's DUI administrative hearing request window is generally seven days from the arrest, breath test, refusal, or receipt of blood results
Refusal consequence A first refusal causes a one-year revocation and a Persistent Drunk Driver designation
Repeat-offense line Colorado says a fourth or subsequent DUI, DUI per se, or DWAI can be charged as a class 4 felony

Overview

What this page helps you verify

Colorado DUI content should not be written as one generic penalty chart. The state's current official pages split the problem into an administrative path through DMV and a separate court path, then layer in distinct rules for DUI, DWAI, DUI per se, under-21 alcohol cases, drug-impaired driving, refusals, and Persistent Drunk Driver status. The strongest version of this page should answer four practical questions quickly: whether the DMV action already started, whether the seven-day hearing window is still open, whether refusal or a 0.15 BAC created tougher reinstatement requirements, and whether the case is still a misdemeanor or has crossed into repeat-offense felony exposure.

Last reviewed: 2026-05-18. This page was manually upgraded against service-specific official sources, but requirements can still change quickly.

Usually needed

Documents and information to prepare

  • The notice of revocation, temporary permit, and any officer paperwork served after the stop
  • Your court summons and any blood or breath test paperwork tied to the arrest
  • A timely DMV hearing request if you plan to challenge the administrative action
  • Proof needed for reinstatement if the DMV action goes active, which may include SR-22, interlock paperwork, and alcohol or drug education or treatment records
  • For under-21 cases, any certification or course-completion documents the Colorado DMV lists for the specific restraint action

Typical flow

What the process often looks like

  1. Treat the Colorado DMV action and the criminal court case as separate problems immediately, because the state says each path has its own timeline and one does not control the other.
  2. Identify whether the case is mainly a DWAI, DUI, DUI per se, under-21 alcohol case, refusal case, or drug-impaired driving case, because the BAC triggers and reinstatement rules differ.
  3. If you want to contest the DMV action, request the hearing within the state's seven-day window instead of waiting for the first court date.
  4. If the restraint goes active, check early-reinstatement and interlock eligibility promptly, especially for post-January 1, 2023 alcohol restraints where Colorado allows some adults to reinstate on the first active day.

Two tracks

Colorado runs the DMV process and the court process separately after the same arrest

This is the first structural point the page should make because Colorado says the two paths operate independently.

  • The DMV says the administrative process determines restrictions on driving privileges even if the court case is dismissed.
  • Colorado's DUI process page says the administrative path through DMV and the court path through the judicial system each have their own timeline and requirements.
  • A better Colorado page should therefore avoid implying that a court outcome automatically ends the DMV problem.

Charge types

Colorado DUI law is really a cluster of different impairment theories, not one BAC number

The state distinguishes between adult alcohol offenses, under-21 alcohol rules, and drug-impaired driving.

  • CDOT's public guidance uses 0.05 BAC for DWAI and 0.08 BAC for DUI, and it also says a driver can still be arrested below 0.05 if an officer sees impairment.
  • The Colorado General Assembly explains that DUI means being substantially incapable of safe operation, while DWAI means being affected to the slightest degree and less able to exercise clear judgment or due care.
  • For drivers under 21, the Colorado DMV says an alcohol content of 0.02 or more can trigger a separate license-revocation track even before you get into adult-style DUI or DWAI analysis.
  • For cannabis and other drug cases, CDOT says five nanograms or more of active delta-9 THC per milliliter of whole blood creates a permissible inference, but officers can still arrest for observed impairment below that level.

Hearings and refusal

Colorado's DMV hearing deadline is short, and refusal is materially worse than simply providing a test

Those two facts often matter more than a long penalty table.

  • Colorado's DMV administrative page says the hearing must be requested within seven days of the arrest if a breath test was given or refused, or within seven days of receiving blood-test results.
  • The DMV's Alcohol DUI page says refusal to cooperate with the required chemical test leads to revocation under Colorado's express-consent law.
  • For violations on or after January 1, 2014, Colorado says a first refusal causes a one-year revocation and a Persistent Drunk Driver designation.

Persistent Drunk Driver

High BAC and refusal cases drive Colorado into tougher reinstatement and interlock territory

This is where statewide content should stay Colorado-specific instead of generic.

  • Colorado's DMV administrative page says a BAC of 0.15 on a chemical test creates a Persistent Drunk Driver designation.
  • The same DMV page says refusal also creates Persistent Drunk Driver status.
  • Colorado's Alcohol DUI page says a refusal-based Persistent Drunk Driver case requires Level II alcohol and drug education and treatment and at least two years of ignition interlock upon restoration.
  • For adult alcohol restraints on or after January 1, 2023, Colorado says some drivers can start early reinstatement on the first day the action goes active if they otherwise qualify for interlock restoration.

Repeats and felony risk

Colorado repeat impaired-driving cases stop being ordinary misdemeanor cases quickly

The repeat-offense line belongs near the top because it changes the stakes of the page.

  • The Colorado General Assembly says DUI and DWAI are usually misdemeanors, but a fourth or subsequent DUI, DUI per se, or DWAI can be charged as a class 4 felony.
  • Colorado's reinstatement FAQ also shows that repeat alcohol-related restraint periods grow from nine months to one year and then two years on the administrative side for 0.08-or-higher BAC cases.
  • A statewide Colorado page should therefore keep repeat-offense and restoration consequences separate instead of flattening everything into a first-offense summary.

Accuracy notes

Where people get tripped up

  • Do not collapse Colorado DUI, DWAI, DUI per se, under-21 alcohol, and drug-impaired driving into one flat rule. The state publishes separate threshold and process cues for each.
  • Keep the DMV path separate from the court path. Colorado explicitly says the two proceedings are independent.
  • The seven-day hearing deadline is a core Colorado operational detail and should stay prominent.
  • Persistent Drunk Driver status matters because Colorado ties it to both high BAC and refusal, with heavier education and interlock consequences.

FAQ

Common questions

  • What is the difference between DUI and DWAI in Colorado?

    Colorado uses both. CDOT's public guidance places DWAI at 0.05 BAC and DUI at 0.08 BAC, while the Colorado General Assembly explains that DUI means substantially incapable of safe operation and DWAI means impaired to the slightest degree.

  • How long do I have to request a Colorado DMV DUI hearing?

    Colorado says the DMV hearing request generally must be made within seven days of the arrest, a refused or completed breath test, or receipt of blood-test results.

  • Can Colorado suspend or revoke my license before the criminal DUI case ends?

    Yes. Colorado's DMV says the administrative process is separate from the court process and can determine restrictions on your driving privileges even if the court case is dismissed.

  • What happens if I refuse the chemical test in Colorado?

    Colorado says a first refusal causes a one-year revocation and a Persistent Drunk Driver designation. The DMV also ties refusal cases to Level II education or treatment and a minimum interlock period upon restoration.

  • When does a Colorado DUI become a felony?

    Colorado's General Assembly says a fourth or subsequent DUI, DUI per se, or DWAI can be charged as a class 4 felony.

Sources

Official references used for this page

Related services

More Colorado tasks people often check next

Colorado Car Insurance

Understand minimum coverage rules, proof-of-insurance expectations, and when you must show insurance to drive or register a vehicle.

Colorado Car Registration

Find out what is usually required to register a vehicle, including title documents, proof of ownership, fees, and emissions or inspection rules.

Colorado DMV Point System

Review how traffic convictions and other events can affect a driving record, suspension risk, and defensive-driving eligibility.

Colorado Driver's License

Get a clear starting point for applying for, replacing, or maintaining a standard driver license in your jurisdiction.