Driving Under the Influence (DUI)

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  1. Introduction
  2. “Vehicle” and “Motor Vehicle”
  3. “Drive”
  4. “Drugs”
  5. “Legal Limit”
  6. Open Container
  7. Driving Under the Influence (DUI)
  8. Driving Under the Influence Per Se (“DUI Per Se”)
  9. Driving While Ability Impaired (DWAI)
  10. Second and Subsequent Offenses
  11. Underage Drinking and Driving (“UDD” or “Baby DUI”)
  12. Strict Liability
  13. Juveniles and Minors
  14. Evidence of Impairment
  15. Standardized Field Sobriety Tests (SFSTs)
  16. Drug Recognition Experts (DREs)
  17. Expressed Consent
  18. Breath Tests
  19. Blood Tests
  20. Prima Facie Case Requirement
  21. Preparing for Trial
  22. Voir Dire
  23. Expert Testimony
  24. Proving Chain of Custody
  25. Double-Refusals

A person commits the crime of Driving Under the Influence, an unclassified misdemeanor, (“DUI”) when that person:

      1. drives
      2. a motor vehicle or vehicle,
      3. under the influence of alcohol or one or more drugs, or a combination of both alcohol and one or more drugs.

§ 42-4-1301(1)(a).

“Driving Under the influence”

“Driving Under the influence” is statutorily defined as:

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.

§ 42-4-1301(1)(f).

The statute does not define “substantially incapable” or any of the other terms in this definition of “driving under the influence.” It is up to you to argue what facts demonstrate that a defendant was substantially incapable of exercising:

      1. clear judgment,
      2. sufficient physical control, or
      3. due care in the safe operation of a vehicle.

First-Offense Sentencing

Punishment Range Discretionary Caveats
Jail 5 days – 1 year No May be suspended upon completion of an alcohol and drug evaluation created pursuant to § 42-4-1301.3 and any treatment recommended by it.
Fine $600 – $1,000 Yes  
Useful Public Service 48 – 96 hours No  
Probation Up to 2 years Yes  

§ 42-4-1307(3).

If BAC > .2 while driving or within 2 hours of driving:

Punishment Range Discretionary Caveats
Jail 10 days – 1 year No Jail alternatives permitted pursuant to § 18-1.3-106
Fine $600 – $1,000 Yes  
Useful Public Service 48 – 96 hours No  
Probation Up to 2 years Yes  

§ 42-4-1307(3), (3)(b).

Resources

Colorado Resources

Impaired Driving Penalties

Example DUI Rule 11