Colorado Laws Effective 7/1/04
Summary of Colorado DUI law for Drunk Driving Defense Attorneys from Other States
DUI: driving ability significantly impaired
DWAI: driving ability impaired to the slightest degree
Per se: .08
Driving: physical control of a vehicle
Place: anywhere in the state
Right to an attorney: none before test request
Implied Consent: repealed and now called express consent
Advisement by officer: none
Test: May choose breath or blood, no independent sample, but samples saved for retest
Breath: Intoxilyzer 5000, single sample
PBT: officer must advise persons over 21 they have a right to refuse
FST: must be voluntary if no PC, can be ordered if PC
Refusal: jury told
Checkpoints: yes
License: no driving for 90 days on first offense over .08-probationary license available after 30 days, 1 year for refusal or
subsequent offenses, other state convictions count, right to have officer
present
Presumptions: Sober: .05 or below, DWAI: .05+ to .079, DUI: .08 and above
Trial: Jury of six
Speedy trial: six months
Appeals: none without going to trial
Court: misdemeanors in county courts
Jail: Mandatory if over .2 or priors
Jim Forslund
3780 S. Broadway
Englewood, CO 80110
Call 303-761-6067
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