What does Driving Under the Influence mean?

• It is not illegal to drive after drinking in Colorado. However, it is illegal to drive after you are either impaired or under the influence of alcohol, drugs, or both alcohol and drugs.

• Driving Under the Influence is when a person drives while they are substantially incapable of exercising good and clear judgment, or when they have lost sufficient physical control of the vehicle and can no longer safely operate the vehicle due to their consuming alcohol, drugs, or both alcohol and drugs.

• Driving Under the Influence is a Misdemeanor charge, unless there are three prior alcohol/drug related charges (DUI, DUI per se, DWAI, or Vehicular Homicide). A fourth DUI is considered a Class 4 Felony.

• Penalties for DUI in Colorado always include probation in most all jurisdictions, even when not statutorily required. A conviction to a DUI can also include a mandatory jail sentence and jail from 5 days to 1 year, Level II Drug/Alcohol Education and Treatment, a fine of up to $1,000 for a first DUI and $1,500 for a second or subsequent DUI, and Public Service between 48 - 120 hours in length depending on the DUI being a first or subsequent DUI.

• If charged as a Class 4 felony, the penalties can include up to 6 years in the Department of Corrections and a fine of up to $500,000.

• There are also DMV concerns with being charged with a DUI, which often result in a person’s driver’s license being revoked for 9-12 months or longer, depending on whether there are prior DUI related charges.

C.R.S. 42-4-1301 - Driving Under the Influence

(1)

(a) A person who drives a motor vehicle or vehicle under the influence of alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, commits driving under the influence. Driving under the influence is a misdemeanor, but it is a class 4 felony if the violation occurred after three or more prior convictions, arising out of separate and distinct criminal episodes, for DUI, DUI per se, or DWAI; vehicular homicide, as described in section 18-3-106 (1)(b); vehicular assault, as described in section 18-3-205 (1)(b); or any combination thereof….

(f) “Driving under the influence” means driving a motor vehicle or vehicle when a person has consumed alcohol or one or more drugs, or a combination of alcohol and one or more drugs, that 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.