![What is the "statute of limitations" for a DUI in Colorado? [2022 UPDATES IN DESCRIPTION]](https://www.shouselaw.com/wp-content/plugins/wp-youtube-lyte/lyteCache.php?origThumbUrl=https%3A%2F%2Fi.ytimg.com%2Fvi%2FTG_tSRWtO48%2F0.jpg)
The statute of limitations for Colorado DUIs and DWAIs depends on the case. Under 16-5-401 C.R.S., the time-limit for the D.A. to bring criminal charges is:
- 18 months year for misdemeanors
- 3 years for felonies, and
- 5 years for DUI with death and leaving the scene of the accident
Once the statute of limitations passes, the suspect is usually immune from criminal charges. But if the suspect is outside of Colorado, the statute of limitations tolls (pauses) for up to 5 years.
1. Misdemeanor DUI / DWAI penalties
DUI and DWAI are typically prosecuted as misdemeanors. The sentence increases with each successive conviction.
A person is guilty of DUI per se by driving with a blood alcohol content (BAC) of at least 0.08%. It makes no difference if the driver was not impaired. (DUI is short for driving under the influence.)
| DUI charge | Colorado penalties |
| First-time |
Jail is mandatory if the defendant’s BAC was at least 0.20% Defendants with a BAC of at least 0.15% will be sentenced as a repeat offender. |
| Second-time |
|
| Third or subsequent time |
|
Defendants typically face DWAI charges if their BAC is between 0.05% and 0.08%. (DWAI is short for driving while ability impaired.)
| DWAI charge | Colorado penalties |
| First-time |
Jail is mandatory if the defendant’s BAC was at least 0.20% |
| Second-time |
|
| Third or subsequent time |
|
2. Felony DUI penalties
Defendants face felony DUI penalties if they have three prior DUI-related offenses or if the incident caused serious injury.
| Felony Drunk/Drugged Driving Conviction | Colorado Penalties |
| A fourth-time DUI, DUI per se, or DWAI (42-4-1301 C.R.S.) | Class 4 felony:
|
| DUI causing serious injury / vehicular assault (18-3-205 C.R.S.) | Class 4 felony:
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| DUI causing death / vehicular homicide 18-3-106 C.R.S.) | Class 3 felony:
|
3. DUI defenses
Ten common defenses to drunk or drugged driving charges include:
- The police pulled over the defendant with no probable cause.
- The police did not give proper instructions for the field sobriety test.
- The breathalyzer was defective.
- The police mishandled the breathalyzer.
- The blood test sample was contaminated.
- The police waited too long to take a chemical test.
- The person who tested the blood was not certified.
- The person who calibrated the breathalyzer was not certified.
- The high BAC number was caused by a medical condition.
- The high BAC number was caused by rising blood alcohol.
Ultimately, the D.A. must prove guilt beyond a reasonable doubt. If the defense attorney can raise this reasonable doubt, the charge may be dismissed.
