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Colorado’s Drunk Driving Laws (2026)

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September 24, 2026/ Personal Injury

Colorado takes drunk driving very seriously and actively works to minimize this activity on the road. It continues to enforce existing laws and works to implement new penalties for these offenses. Victims of drunk drivers should seek out a Denver drunk driving accident lawyer from The Law Offices of Eric Faddis to learn how to recover their losses and pursue justice. 

Blood Alcohol Content and What is Considered Drunk Driving in Colorado

According to Colorado’s drunk driving laws, there are primarily two types of drunk driving offenses. The first is “driving while ability impaired” (DWAI), which is when a person’s blood alcohol content (BAC) is between 0.05 and 0.08. The second is “driving under the influence” (DUI), where a person’s BAC is above 0.08. DWAI and DUI offenses can include the consumption of alcohol or drugs. Drivers under the age of 21 can be charged with “underage drinking and driving” (UDD) if their BAC is between 0.02 and 0.05. 

Additionally, the Colorado General Assembly passed a new law in early 2026 that will require an interlock device for impaired drivers for certain first-time DUI offenses beginning June 1, 2027. These offenders will be required to use the device for nine consecutive months after their driver’s license has been reinstated. 

Colorado uses breath, blood, saliva, or urine tests to identify an offender’s BAC and charge them. Drivers are expected to comply with whichever legally required testing may be administered. Refusal may increase penalties.

Charges and Penalties for Drunk Driving in Colorado

Drunk drivers who cause accidents can face serious penalties for their offense. Criminal charges could result in fines, license revocation, driving record points, jail time, and community service. While these charges are typically misdemeanors, three or more offenses could result in a felony charge. Drunk drivers can also be held liable in a separate civil case for the damages they caused you. 

What Colorado’s Drunk Driving Laws Mean for Injured Victims

A drunk driver’s negligence and recklessness can cause extensive harm and profoundly impact your life. As a victim of a drunk driving accident, you have the right to file a claim against a drunk driver to recover your losses. This can include the cost of your medical care, vehicle damage, lost wages if you are unable to work for a period of time, and your pain and suffering.

A lawyer can walk you through what to do after a drunk driving accident in Denver and what evidence you need. They can get access to the drunk driver’s toxicology reports and other forms of evidence to support your claim against the drunk driver. You should also be sure to file a police report, take photos, get witness information, and keep your medical records.

Talk to a Lawyer About Your Options

Legal representation is important when you have been hurt by a driver who has violated Colorado’s drunk driving laws. A lawyer can guide you through the legal process to hold the driver accountable and secure the compensation you deserve. Schedule a free consultation with The Law Offices of Eric Faddis today. 

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