Colorado Criminal Defense Laws

DUI and DWAI are misdemeanor offenses with an 18-month statute of limitations. Fourth or subsequent DUI within a lifetime is a Class 4 felony (2–6 years).

The statute of limitations is tolled for up to 5 years if the suspect has fled the state.

Class 1: life imprisonment. Class 2: 8–24 years (16–48 for crimes of violence). Class 3: 4–12 years. Class 4: 2–6 years. Class 5: 1–3 years. Class 6: 12–18 months. Mandatory parole periods range from 1–5 years depending on class.

Class 1: up to 364 days jail, $1,000 fine. Class 2: up to 120 days jail, $750 fine. Colorado reclassified misdemeanor classes effective March 1, 2022.

DUI = BAC 0.08%+; DWAI = BAC 0.05%–0.079%. First DUI: 5 days–1 year jail, $600–$1,000 fine. BAC 0.15%+ = "persistent drunk driver" requiring mandatory ignition interlock for 2+ years. Fourth+ DUI is a Class 4 felony.

HB24-1133 established automatic sealing: civil infractions after 4 years, petty offenses and misdemeanors after 7 years, eligible felonies after 10 years. No fees for sealing. Sealed records are not destroyed — courts and law enforcement retain access.