C.R.S. Section 42-4-1307
Penalties for traffic offenses involving alcohol and drugs

  • legislative declaration
  • definitions
  • repeal

(1)

Legislative declaration.
The general assembly hereby finds and declares that, for the purposes of sentencing as described in section 18-1-102.5, C.R.S., each sentence for a conviction of a violation of section 42-4-1301 shall include:

(a)

A period of imprisonment, which, for a repeat offender, shall include a mandatory minimum period of imprisonment and restrictions on where and how the sentence may be served; and

(b)

For a second or subsequent offender, a period of probation. The imposition of a period of probation upon the conviction of a first-time offender shall be subject to the court’s discretion as described in paragraph (c) of subsection (3) and paragraph (c) of subsection (4) of this section. The purpose of probation is to help the offender change his or her behavior to reduce the risk of future violations of section 42-4-1301. If a court imposes imprisonment as a penalty for a violation of a condition of his or her probation, the penalty shall constitute a separate period of imprisonment that the offender shall serve in addition to the imprisonment component of his or her original sentence.

(2)

Definitions.
As used in this section, unless the context otherwise requires:

(a)

“Approved ignition interlock device” has the same meaning as set forth in section 42-2-132.5.

(a.7)

“Continuous alcohol monitoring” means monitoring the alcohol content in a person by using a device or instrument that is attached to the person and designed to automatically test the alcohol content in the person by contact with the person’s skin at least once every one-half hour regardless of the person’s location, and which detects the presence of alcohol in a person and whether a person attempts to tamper with, obstruct, or remove the device.

(b)

“Conviction” means a verdict of guilty by a judge or jury or a plea of guilty or nolo contendere that is accepted by the court for an offense or adjudication for an offense that would constitute a criminal offense if committed by an adult. “Conviction” also includes having received a deferred judgment and sentence or deferred adjudication; except that a person shall not be deemed to have been convicted if the person has successfully completed a deferred sentence or deferred adjudication.

(c)

“Driving under the influence” or “DUI” means 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, of exercising clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.

(d)

“Driving while ability impaired” or “DWAI” means driving a motor vehicle or vehicle when a person has consumed alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, that affects the person to the slightest degree so that the person is less able than the person ordinarily would have been, 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.

(e)

“UDD” shall have the same meaning as provided in section 42-1-102 (109.7).

(3)

First offenses - DUI and DUI per se.

(a)

Except as otherwise provided in subsections (5) and (6) of this section, a person who is convicted of DUI or DUI per se shall be punished by:

(I)

Imprisonment in the county jail for at least five days but no more than one year, the minimum period of which shall be mandatory; except that the court may suspend the mandatory minimum period if, as a condition of the suspended sentence, the offender undergoes a presentence or postsentence alcohol and drug evaluation and satisfactorily completes and meets all financial obligations of a level I or level II program as is determined to be appropriate by the alcohol and drug evaluation that is required pursuant to section 42-4-1301.3;

(II)

A fine of at least six hundred dollars but no more than one thousand dollars, and the court shall have discretion to suspend the fine; and

(III)

At least forty-eight hours but no more than ninety-six hours of useful public service, and the court shall not have discretion to suspend the mandatory minimum period of performance of such service.

(b)

Notwithstanding the provisions of subparagraph (I) of paragraph (a) of this subsection (3), and except as described in paragraphs (a) and (b) of subsection (5) and paragraph (a) of subsection (6) of this section, a person who is convicted of DUI or DUI per se when the person’s BAC was 0.20 or more at the time of driving or within two hours after driving shall be punished by imprisonment in the county jail for at least ten days but not more than one year; except that the court shall have the discretion to employ the sentencing alternatives described in section 18-1.3-106, C.R.S.

(c)

In addition to any penalty described in paragraph (a) of this subsection (3), the court may impose a period of probation that shall not exceed two years, which probation may include any conditions permitted by law.

(4)

First offenses - DWAI.

(a)

Except as otherwise provided in subsections (5) and (6) of this section, a person who is convicted of DWAI shall be punished by:

(I)

Imprisonment in the county jail for at least two days but no more than one hundred eighty days, the minimum period of which shall be mandatory; except that the court may suspend the mandatory minimum period if, as a condition of the suspended sentence, the offender undergoes a presentence or postsentence alcohol and drug evaluation and satisfactorily completes and meets all financial obligations of a level I or level II program as is determined to be appropriate by the alcohol and drug evaluation that is required pursuant to section 42-4-1301.3; and

(II)

A fine of at least two hundred dollars but no more than five hundred dollars, and the court shall have discretion to suspend the fine; and

(III)

At least twenty-four hours but no more than forty-eight hours of useful public service, and the court shall not have discretion to suspend the mandatory minimum period of performance of such service.

(b)

Notwithstanding the provisions of subparagraph (I) of paragraph (a) of this subsection (4), and except as described in paragraphs (a) and (b) of subsection (5) and paragraph (a) of subsection (6) of this section, a person who is convicted of DWAI when the person’s BAC was 0.20 or more at the time of driving or within two hours after driving shall be punished by imprisonment in the county jail for at least ten days but not more than one year; except that the court shall have the discretion to employ the sentencing alternatives described in section 18-1.3-106, C.R.S.

(c)

In addition to any penalty described in paragraph (a) of this subsection (4), the court may impose a period of probation that shall not exceed two years, which probation may include any conditions permitted by law.

(5)

Second offenses.

(a)

Except as otherwise provided in subsection (6) of this section, a person who is convicted of DUI, DUI per se, or DWAI who, at the time of sentencing, has a prior conviction of DUI, DUI per se, DWAI, vehicular homicide pursuant to section 18-3-106 (1)(b), vehicular assault pursuant to section 18-3-205 (1)(b), aggravated driving with a revoked license pursuant to section 42-2-206 (1)(b)(I)(A) or (1)(b)(I)(B), as that crime existed before August 5, 2015, or driving while the person’s driver’s license was under restraint pursuant to section 42-2-138 (1)(d), shall be punished by:

(I)

Imprisonment in the county jail for at least ten consecutive days but no more than one year; except that the court shall have discretion to employ the sentencing alternatives described in section 18-1.3-106. During the mandatory ten-day period of imprisonment, the person is not eligible for deductions of the person’s sentence pursuant to section 17-26-109, or for trusty prisoner status pursuant to section 17-26-109 (1)(b); except that the person receives credit for any time that the person served in custody for the violation prior to the person’s conviction.

(II)

A fine of at least six hundred dollars but no more than one thousand five hundred dollars, and the court shall have discretion to suspend the fine;

(III)

At least forty-eight hours but no more than one hundred twenty hours of useful public service, and the court shall not have discretion to suspend the mandatory minimum period of performance of the service; and

(IV)

A period of probation of at least two years, which period shall begin immediately upon the commencement of any part of the sentence that is imposed upon the person pursuant to this section, and a suspended sentence of imprisonment in the county jail for one year, as described in subsection (7) of this section; except that the court shall not sentence the defendant to probation if the defendant is sentenced to the department of corrections but shall still sentence the defendant to the provisions of paragraph (b) of subsection (7) of this section. The defendant shall complete all court-ordered programs pursuant to paragraph (b) of subsection (7) of this section before the completion of his or her period of parole.

(b)

If a person is convicted of DUI, DUI per se, or DWAI and the violation occurred less than five years after the date of a previous violation for which the person was convicted of DUI, DUI per se, DWAI, vehicular homicide pursuant to section 18-3-106 (1)(b), C.R.S., vehicular assault pursuant to section 18-3-205 (1)(b), C.R.S., aggravated driving with a revoked license pursuant to section 42-2-206 (1)(b)(I)(A) or (1)(b)(I)(B), as that crime existed before August 5, 2015, or driving while the person’s driver’s license was under restraint pursuant to section 42-2-138 (1)(d), the court does not have discretion to employ any sentencing alternatives described in section 18-1.3-106, C.R.S., during the minimum period of imprisonment described in subparagraph (I) of paragraph (a) of this subsection (5); except that a court may allow the person to participate in a program pursuant to section 18-1.3-106 (1)(a)(II), (1)(a)(IV), or (1)(a)(V), C.R.S., only if the program is available through the county in which the person is imprisoned and only for the purpose of:

(I)

Continuing a position of employment that the person held at the time of sentencing for said violation;

(II)

Continuing attendance at an educational institution at which the person was enrolled at the time of sentencing for said violation; or

(III)

Participating in a court-ordered level II alcohol and drug driving safety education or treatment program, as described in section 42-4-1301.3 (3)(c)(IV).

(c)

Repealed.

(6)

Third and subsequent offenses.

(a)

Except as provided in section 42-4-1301 (1)(a), (1)(b), and (2)(a), a person who is convicted of DUI, DUI per se, or DWAI who, at the time of sentencing, has two or more prior convictions of DUI, DUI per se, DWAI, vehicular homicide pursuant to section 18-3-106 (1)(b), vehicular assault pursuant to section 18-3-205 (1)(b), aggravated driving with a revoked license pursuant to section 42-2-206 (1)(b)(I)(A) or (1)(b)(I)(B), as that crime existed before August 5, 2015, or driving while the person’s driver’s license was under restraint pursuant to section 42-2-138 (1)(d) shall be punished by:

(I)

Imprisonment in the county jail for at least sixty consecutive days but no more than one year. During the mandatory sixty-day period of imprisonment, the person is not eligible for deductions of the person’s sentence pursuant to section 17-26-109, or for trusty prisoner status pursuant to section 17-26-109 (1)(b); except that a person receives credit for any time that the person served in custody for the violation prior to the person’s conviction. During the mandatory period of imprisonment, the court does not have discretion to employ any sentencing alternatives described in section 18-1.3-106; except that the person may participate in a work release program pursuant to section 18-1.3-106 (1)(a)(II), (1)(a)(III), (1)(a)(III.5), (1)(a)(IV), or (1)(a)(V), or community corrections placement pursuant to section 18-1.3-301 (4)(a) or (4)(b), only if the program is available through the county in which the person is imprisoned and only for the purpose of:

(A)

Continuing work that the person held at the time of sentencing for said violation;

(B)

Continuing attendance at an educational institution at which the person was enrolled at the time of sentencing for said violation; or

(C)

Participating in a court-ordered level II alcohol and drug driving safety education or treatment program, as described in section 42-4-1301.3 (3)(c)(IV).

(I.5)

In a jurisdiction that does not have a work release program or other reasonable substitution for a work release program, such as an alternative sentence served in community corrections pursuant to the provisions of section 18-1.3-301 (4)(a) or (4)(b), the court may sentence the offender to home detention as provided in section 18-1.3-106 but only if the court finds that an alternative sentence of home detention is necessary to address the individual circumstances of the case and fulfill the statutory purposes of sentencing as provided in section 18-1-102.5, and when a sentence to home detention will not undermine the seriousness of the offense.

(II)

A fine of at least six hundred dollars but no more than one thousand five hundred dollars, and the court shall have discretion to suspend the fine;

(III)

At least forty-eight hours but no more than one hundred twenty hours of useful public service, and the court shall not have discretion to suspend the mandatory minimum period of performance of the service; and

(IV)

A period of probation of at least two years, which period shall begin immediately upon the commencement of any part of the sentence that is imposed upon the person pursuant to this section, and a suspended sentence of imprisonment in the county jail for one year, as described in subsection (7) of this section; except that the court shall not sentence the defendant to probation if the defendant is sentenced to the department of corrections, but shall still sentence the defendant to the provisions of paragraph (b) of subsection (7) of this section. The defendant shall complete all court-ordered programs pursuant to paragraph (b) of subsection (7) of this section before the completion of his or her period of parole.

(b)

Repealed.

(c)

Notwithstanding any other provision of law, if the defendant satisfies the conditions described in subparagraphs (I) and (II) of this paragraph (c), the court may include as a condition of probation a requirement that the defendant participate in alcohol treatment. If the defendant’s assessed treatment need is for residential treatment, the court may make residential alcohol treatment a condition of probation and may place the offender in a community corrections program that can provide the appropriate level of treatment. This paragraph (c) applies only if:

(I)

At the time of sentencing, the person has two prior convictions of DUI, DUI per se, DWAI, vehicular homicide pursuant to section 18-3-106 (1)(b), C.R.S., or vehicular assault pursuant to section 18-3-205 (1)(b), C.R.S.; and

(II)

The first of the person’s two prior convictions was based on a violation that occurred not more than seven years before the violation for which the person is being sentenced.

(d)

Offenders placed in community corrections as an alternative sentence pursuant to the provisions of this section must remain in residential placement for any mandatory time period of their sentence as required by the provisions of this section.

(6.5)

Felony offenses.

(a)

A person who commits a felony DUI, DUI per se, or DWAI offense shall be sentenced in accordance with the provisions of section 18-1.3-401 and this subsection (6.5).

(b)

If the court sentences the defendant to a term of probation as provided by section 18-1.3-202, the court shall order as a condition of probation one of the following:

(I)

Require the defendant to serve at least ninety days but not more than one hundred eighty days imprisonment in the county jail. During the mandatory ninety-day period of imprisonment, the defendant is not eligible for deductions of his or her sentence pursuant to section 17-26-109 or for trusty prisoner status pursuant to section 17-26-109 (1)(b); except that a defendant receives credit for any time that he or she served in custody for the violation prior to his or her conviction. During this mandatory period of imprisonment, the court does not have discretion to employ any sentencing alternatives described in section 18-1.3-106.

(II)

Require the defendant to serve at least one hundred twenty days but not more than two years of imprisonment in the county jail through participation in a program pursuant to section 18-1.3-106 (1)(a)(II) or (1)(a)(IV) if the program is available through the county in which the defendant is imprisoned and only for the purposes of continuing a position of employment that the defendant held at the time of sentencing for the violation or for continuing attendance at an educational institution at which the defendant was enrolled at the time of sentencing for the violation. During the mandatory one-hundred-twenty-day period of imprisonment, the defendant is not eligible for deductions of his or her sentence pursuant to section 17-26-109 or for trusty prisoner status pursuant to section 17-26-109 (1)(b); except that a defendant receives credit for any time that he or she served in custody for the violation prior to his or her conviction. During this mandatory period of imprisonment, the court does not have discretion to employ any other sentencing alternatives described in section 18-1.3-106; except that a court may grant permission for a defendant to leave the jail to obtain medical treatment, pursuant to section 18-1.3-106 (1)(a)(V).

(c)

Additionally, if the court sentences the defendant to a term of probation as provided by section 18-1.3-202, then, as a condition of probation, the court shall:

(I)

Require the defendant to complete at least forty-eight hours but not more than one hundred twenty hours of useful public service, which may not be suspended; and

(II)

Sentence the defendant in accordance with subsection (7)(b) of this section, including requiring the person to submit to continuous alcohol monitoring for at least ninety days as described in subsection (7)(b)(VI)(B) of this section.

(d)

Notwithstanding the provisions of subsection (6.5)(a) of this section, before the imposition of any sentence to the department of corrections for a felony DUI, DUI per se, or DWAI offense, at sentencing or at resentencing after a revocation of probation or a community corrections sentence, the court shall consider all the factors described in subsection (6.5)(e) of this section.

(e)

If the court sentences the defendant to the department of corrections for a felony DUI, DUI per se, or DWAI offense, it must determine that incarceration is the most suitable option given the facts and circumstances of the case, including the defendant’s willingness to participate in treatment. Additionally, the court shall consider whether all other reasonable and appropriate sanctions and responses to the violation that are available to the court have been exhausted, do not appear likely to be successful if tried, or present an unacceptable risk to public safety.

(6.7)

Notwithstanding any other provisions of this section, if a judge finds there are exceptional circumstances which would make incarceration in a jail a substantial and imminent risk to the health or safety of an offender, or, when so advised by the sheriff, to the health, safety, or security of the jail operations or persons in the jail, the court shall make findings on the record of the exceptional circumstances and may employ any alternative sentences, including home detention. If an offender requests the court find exceptional circumstances based on the risk to the offender’s health or safety, the offender shall expressly waive any confidentiality as to the medical or other health information that establishes the basis for the exceptional circumstances.

(7)

Probation-related penalties.
When a person is sentenced to a period of probation pursuant to subsection (5)(a)(IV) or (6)(a)(IV) of this section:

(a)

The court shall impose a sentence to one year of imprisonment in the county jail, which sentence shall be suspended, and against which sentence the person shall not receive credit for any period of imprisonment to which he or she is sentenced pursuant to subparagraph (I) of paragraph (a) of subsection (5) of this section or subparagraph (I) of paragraph (a) of subsection (6) of this section;

(b)

The court:

(I)

Shall include, as a condition of the person’s probation, a requirement that the person complete a level II alcohol and drug driving safety education or treatment program, as described in section 42-4-1301.3 (3)(c)(IV), at the person’s own expense;

(II)

May impose an additional period of probation for the purpose of monitoring the person or ensuring that the person continues to receive court-ordered alcohol or substance abuse treatment, which additional period shall not exceed two years;

(III)

May require that the person commence the alcohol and drug driving safety education or treatment program described in subparagraph (I) of this paragraph (b) during any period of imprisonment to which the person is sentenced;

(IV)

May require the person to appear before the court at any time during the person’s period of probation;

(V)

May require the person to use an approved ignition interlock device during the period of probation at the person’s own expense;

(VI)

Intentionally left blank —Ed.

(A)

May require a person sentenced for a second offense pursuant to subsection (5)(a)(IV) of this section to submit to continuous alcohol monitoring using technology or devices available to the court for that purpose; except that the court shall not require continuous alcohol monitoring if the court finds that requiring monitoring is not in the best interests of justice, and the court enters that finding in the record, or if the person’s residence is in an area where the person cannot reasonably acquire a continuous alcohol monitoring device; and

(B)

Shall require a person sentenced for a third or subsequent offense pursuant to subsection (6)(a)(IV) of this section to submit to continuous alcohol monitoring for at least ninety days using technology or devices available to the court for that purpose; except that the court shall not require continuous alcohol monitoring if the court finds that requiring monitoring is not in the best interests of justice, and the court enters that finding in the record, or if the person’s residence is in an area where the person cannot reasonably acquire a continuous alcohol monitoring device; and

(VII)

May impose such additional conditions of probation as may be permitted by law.

(c)

Intentionally left blank —Ed.

(I)

The court may impose all or part of the suspended sentence described in subparagraph (IV) of paragraph (a) of subsection (5) of this section or subparagraph (IV) of paragraph (a) of subsection (6) of this section at any time during the period of probation if the person violates a condition of his or her probation. During the period of imprisonment, the person shall continue serving the probation sentence with no reduction in time for the sentence to probation. A cumulative period of imprisonment imposed pursuant to this paragraph (c) shall not exceed one year. In imposing a sentence of imprisonment pursuant to paragraph (a) of this subsection (7), the court shall consider the nature of the violation, the report or testimony of the probation department, the impact on public safety, the progress of the person in any court-ordered alcohol and drug driving safety education or treatment program, and any other information that may assist the court in promoting the person’s compliance with the conditions of his or her probation.

(II)

Any imprisonment imposed upon a person by the court pursuant to paragraph (a) of this subsection (7) must be imposed in a manner that promotes the person’s compliance with the conditions of his or her probation and not merely as a punitive measure.

(d)

The prosecution, the person, the person’s counsel, or the person’s probation officer may petition the court at any time for an early termination of the period of probation, which the court may grant upon a finding of the court that:

(I)

The person has successfully completed a level II alcohol and drug driving safety education or treatment program pursuant to subparagraph (I) of paragraph (b) of this subsection (7);

(II)

The person has otherwise complied with the terms and conditions of his or her probation; and

(III)

Early termination of the period of probation will not endanger public safety.

(8)

Ignition interlock devices.
In sentencing a person pursuant to this section, courts are encouraged to require the person to use an approved ignition interlock device as a condition of bond, probation, and participation in programs pursuant to section 18-1.3-106, C.R.S.

(9)

Previous convictions.

(a)

For the purposes of subsections (5) and (6) of this section, a person is deemed to have a previous conviction for DUI, DUI per se, DWAI, vehicular homicide pursuant to section 18-3-106 (1)(b), C.R.S., vehicular assault pursuant to section 18-3-205 (1)(b), C.R.S., aggravated driving with a revoked license pursuant to section 42-2-206 (1)(b)(I)(A) or (1)(b)(I)(B), as that crime existed before August 5, 2015, or driving while the person’s driver’s license was under restraint pursuant to section 42-2-138 (1)(d), if the person has been convicted under the laws of this state or under the laws of any other state, the United States, or any territory subject to the jurisdiction of the United States, of an act that, if committed within this state, would constitute the offense of DUI, DUI per se, DWAI, vehicular homicide pursuant to section 18-3-106 (1)(b), C.R.S., vehicular assault pursuant to section 18-3-205 (1)(b), C.R.S., aggravated driving with a revoked license pursuant to section 42-2-206 (1)(b)(I)(A) or (1)(b)(I)(B), as that crime existed before August 5, 2015, or driving while the person’s driver’s license was under restraint pursuant to section 42-2-138 (1)(d).

(b)

Intentionally left blank —Ed.

(I)

For sentencing purposes concerning convictions for second and subsequent offenses, prima facie proof of a person’s previous convictions shall be established when:

(A)

The prosecuting attorney and the person stipulate to the existence of the prior conviction or convictions;

(B)

The prosecuting attorney presents to the court a copy of the person’s driving record provided by the department of revenue or by a similar agency in another state, which record contains a reference to the previous conviction or convictions; or

(C)

The prosecuting attorney presents an authenticated copy of the record of the previous conviction or judgment from a court of record of this state or from a court of any other state, the United States, or any territory subject to the jurisdiction of the United States.

(II)

The court shall not proceed to immediate sentencing if the prosecuting attorney and the person have not stipulated to previous convictions or if the prosecution has requested an opportunity to obtain a driving record or a copy of a court record. The prosecuting attorney shall not be required to plead or prove any previous convictions at trial.

(10)

Additional costs and surcharges.
In addition to the penalties prescribed in this section:

(a)

Persons convicted of DUI, DUI per se, DWAI, and UDD are subject to the costs imposed by section 24-4.1-119 (1)(c), C.R.S., relating to the crime victim compensation fund;

(b)

Persons convicted of DUI, DUI per se, and DWAI are subject to a surcharge of at least one hundred dollars but no more than five hundred dollars to fund programs to reduce the number of persistent drunk drivers. The surcharge shall be mandatory, and the court shall not have discretion to suspend or waive the surcharge; except that the court may suspend or waive the surcharge if the court determines that a person is indigent. Moneys collected for the surcharge shall be transmitted to the state treasurer, who shall credit the amount collected to the persistent drunk driver cash fund created in section 42-3-303.

(c)

Persons convicted of DUI, DUI per se, DWAI, and UDD are subject to a surcharge of twenty-five dollars to be transmitted to the state treasurer, who shall deposit money collected for the surcharge in the Colorado brain injury trust fund created pursuant to section 26-1-309;

(d)

Intentionally left blank —Ed.

(I)

Persons convicted of DUI, DUI per se, and DWAI are subject to a surcharge of at least one dollar but no more than ten dollars for programs to fund efforts to address alcohol and substance abuse problems among persons in rural areas. The surcharge shall be mandatory, and the court shall not have discretion to suspend or waive the surcharge; except that the court may suspend or waive the surcharge if the court determines that a person is indigent. Any moneys collected for the surcharge shall be transmitted to the state treasurer, who shall credit the same to the rural alcohol and substance abuse cash fund created in section 27-80-117 (3), C.R.S.

(II)

This paragraph (d) is repealed, effective September 1, 2025, unless the general assembly extends the repeal of the rural alcohol and substance abuse prevention and treatment program created in section 27-80-117.

(e)

Persons convicted of DUI, DUI per se, DWAI, vehicular assault as described in section 18-3-205 (1)(b), or vehicular homicide as described in section 18-3-106 (1)(b) shall pay a data-analysis surcharge of two dollars to be transmitted to the state treasurer, who shall deposit money collected for the surcharge in the substance-affected driving data-analysis cash fund created in section 24-33.5-520. Except in the case of an indigent defendant, the court has no discretion to waive this surcharge.

(10.5)

The costs and surcharges described in subsection (10) of this section do not apply to a person under the jurisdiction of the juvenile court, as defined in section 19-1-103, or the person’s parent, guardian, or legal custodian.

(11)

Restitution.
As a condition of any sentence imposed pursuant to this section, the sentenced person shall be required to make restitution in accordance with the provisions of section 18-1.3-205, C.R.S.

(12)

Victim impact panels.

(a)

In addition to any other penalty provided by law, the court may sentence a person convicted of DUI, DUI per se, DWAI, or UDD to attend in person and pay for one appearance at a victim impact panel approved by the court, for which the fee assessed to the person shall not exceed fifty dollars.

(b)

On July 1, 2017, and on each July 1 thereafter, the maximum fee established in paragraph (a) of this subsection (12) is adjusted by the annual percentage change in the United States department of labor, bureau of labor statistics, consumer price index for Denver-Boulder, all items, all urban consumers, or its successor index.

(13)

Alcohol and drug evaluation and supervision costs.

(a)

In addition to any fines, fees, or costs levied against a person convicted of DUI, DUI per se, DWAI, or UDD, the judge shall assess each such person for the cost of the presentence or postsentence alcohol and drug evaluation and supervision services.

(b)

A person required to submit to continuous alcohol monitoring shall pay the costs of monitoring unless the court determines that the person is unable to pay the costs. If the court determines that the person is unable to pay the costs of continuous alcohol monitoring, the judicial district’s probation department shall pay the costs of monitoring. The court shall presume that a person represented by court-appointed counsel is unable to pay for monitoring services.

(14)

Public service penalty.
In addition to any other penalties prescribed in this part 13, the court shall assess an amount, not to exceed one hundred twenty dollars, upon a person required to perform useful public service.

(15)

If a defendant is convicted of aggravated driving with a revoked license based upon the commission of DUI, DUI per se, or DWAI pursuant to section 42-2-206 (1)(b)(I)(A) or (1)(b)(I)(B), as that crime existed before August 5, 2015:

(a)

The court shall convict and sentence the offender for each offense separately;

(b)

The court shall impose all of the penalties for the alcohol-related driving offense, as such penalties are described in this section;

(c)

The provisions of section 18-1-408, C.R.S., shall not apply to the sentences imposed for either conviction;

(d)

Any probation imposed for a conviction under section 42-2-206 may run concurrently with any probation required by this section; and

(e)

The department shall reflect both convictions on the defendant’s driving record.

Source: Section 42-4-1307 — Penalties for traffic offenses involving alcohol and drugs - legislative declaration - definitions - repeal, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-42.­pdf (accessed Oct. 20, 2023).

42‑4‑101
Short title
42‑4‑102
Legislative declaration
42‑4‑103
Scope and effect of article - exceptions to provisions
42‑4‑104
Adoption of traffic control manual
42‑4‑105
Local traffic control devices
42‑4‑106
Who may restrict right to use highways - definitions - rules
42‑4‑107
Obedience to police officers
42‑4‑108
Public officers to obey provisions - exceptions for emergency vehicles
42‑4‑109
Low-power scooters, animals, skis, skates, and toy vehicles on highways
42‑4‑109.5
Low-speed electric vehicles
42‑4‑109.6
Class B low-speed electric vehicles - effective date - rules
42‑4‑110
Provisions uniform throughout state - legislative declaration
42‑4‑110.5
Automated vehicle identification systems - legislative declaration - exceptions to liability - penalty - limits on use of photographs and video - definitions
42‑4‑111
Powers of local authorities
42‑4‑112
Noninterference with the rights of owners of realty
42‑4‑113
Appropriations for administration of article
42‑4‑114
Removal of traffic hazards
42‑4‑116
Restrictions for minor drivers - definitions
42‑4‑117
Personal mobility devices
42‑4‑118
Establishment of wildlife crossing zones - report
42‑4‑201
Obstruction of view or driving mechanism - hazardous situation
42‑4‑202
Unsafe vehicles - penalty - identification plates
42‑4‑203
Unsafe vehicles - spot inspections
42‑4‑204
When lighted lamps are required
42‑4‑205
Head lamps on motor vehicles - penalty
42‑4‑206
Tail lamps and reflectors - penalty
42‑4‑207
Clearance and identification
42‑4‑208
Stop lamps and turn signals - penalty
42‑4‑209
Lamp or flag on projecting load
42‑4‑210
Lamps on parked vehicles
42‑4‑211
Lamps on farm equipment and other vehicles and equipment
42‑4‑212
Spot lamps and auxiliary lamps
42‑4‑213
Audible and visual signals on emergency vehicles
42‑4‑214
Visual signals on service vehicles - rules - definition
42‑4‑215
Signal lamps and devices - additional lighting equipment
42‑4‑216
Multiple-beam road lights - penalty
42‑4‑217
Use of multiple-beam lights
42‑4‑218
Single-beam road-lighting equipment
42‑4‑219
Number of lamps permitted
42‑4‑220
Low-power scooters - lighting equipment - department control - use and operation
42‑4‑221
Bicycle, electric scooter, and personal mobility device equipment
42‑4‑222
Volunteer firefighters - volunteer ambulance attendants - special lights and alarm systems
42‑4‑223
Brakes - penalty
42‑4‑224
Horns or warning devices - definition
42‑4‑225
Mufflers - prevention of noise
42‑4‑226
Mirrors - exterior placements
42‑4‑227
Windows unobstructed - certain materials prohibited - windshield wiper requirements
42‑4‑228
Restrictions on tire equipment
42‑4‑229
Safety glazing material in motor vehicles
42‑4‑230
Emergency lighting equipment - who must carry
42‑4‑231
Parking lights
42‑4‑232
Minimum safety standards for motorcycles, autocycles, and low-power scooters
42‑4‑233
Alteration of suspension system
42‑4‑234
Slow-moving vehicles - display of emblem
42‑4‑235
Minimum standards for commercial vehicles - motor carrier safety fund - created - definitions - rules - penalties
42‑4‑236
Child restraint systems required - definitions - exemptions
42‑4‑237
Safety belt systems - mandatory use - exemptions - penalty - definitions
42‑4‑238
Blue and red lights - illegal use or possession
42‑4‑239
Misuse of a wireless telephone - definitions - penalty - preemption
42‑4‑240
Low-speed electric vehicle equipment requirements
42‑4‑241
Unlawful removal of tow-truck signage - unlawful usage of tow-truck signage - definition
42‑4‑242
Automated driving systems - safe harbor
42‑4‑301
Legislative declarations - enactment of enhanced emissions program not waiver of state right to challenge authority to require specific loaded mode transient dynamometer technology in automobile emissions testing
42‑4‑302
Commencement of basic emissions program - authority of commission
42‑4‑304
Definitions relating to motor vehicle inspection and readjustment program
42‑4‑305
Powers and duties of executive director - automobile inspection and readjustment program - basic emissions program - enhanced emissions program - clean screen program - rules
42‑4‑306
Powers and duties of commission - automobile inspection and readjustment program - basic emissions program - enhanced emissions program - clean screen program
42‑4‑307
Powers and duties of the department of public health and environment - division of administration - automobile inspection and readjustment program - basic emissions program - enhanced emissions program - clean screen program
42‑4‑307.5
Clean screen authority - enterprise - revenue bonds
42‑4‑307.7
Vehicle emissions testing - remote sensing
42‑4‑308
Inspection and readjustment stations - inspection-only facilities - fleet inspection stations - motor vehicle dealer test facilities - contractor - emissions inspectors - emissions mechanics - requirements
42‑4‑309
Vehicle fleet owners - motor vehicle dealers - authority to conduct inspections - fleet inspection stations - motor vehicle dealer test facilities - contracts with licensed inspection-only entities
42‑4‑310
Periodic emissions control inspection required
42‑4‑311
Operation of inspection and readjustment stations - inspection-only facilities - fleet inspection stations - motor vehicle dealer test facilities - enhanced inspection centers
42‑4‑312
Improper representation as emissions inspection and readjustment station - inspection-only facility - fleet inspection station - motor vehicle dealer test facility - enhanced inspection center
42‑4‑313
Penalties
42‑4‑314
Automobile emissions control systems - tampering - operation of vehicle
42‑4‑315
Warranties
42‑4‑316
AIR program - demonstration of compliance with ambient air quality standards and transportation conformity
42‑4‑316.5
Termination of vehicle emissions testing program
42‑4‑401
Definitions
42‑4‑402
Administration of inspection program
42‑4‑403
Powers and duties of the commission
42‑4‑404
Powers and duties of the executive director of the department of public health and environment
42‑4‑405
Powers and duties of executive director
42‑4‑406
Requirement of certification of emissions control for registration - testing for diesel smoke opacity compliance
42‑4‑407
Requirements for a diesel emission-opacity inspection - licensure as diesel emissions inspection station - licensure as emissions inspector
42‑4‑408
Operation of diesel inspection station
42‑4‑409
Improper representation of a diesel inspection station
42‑4‑410
Inclusion in the diesel inspection program
42‑4‑411
Applicability of this part to heavy-duty diesel fleets of nine or more
42‑4‑412
Air pollution violations
42‑4‑413
Visible emissions from diesel-powered motor vehicles unlawful - penalty
42‑4‑414
Heavy-duty diesel fleet inspection and maintenance program - penalty - rules
42‑4‑501
Size and weight violations - penalty
42‑4‑502
Width of vehicles
42‑4‑503
Projecting loads on passenger vehicles - penalty
42‑4‑504
Height and length of vehicles
42‑4‑505
Longer vehicle combinations - rules
42‑4‑506
Trailers and towed vehicles
42‑4‑507
Wheel and axle loads
42‑4‑508
Gross weight of vehicles and loads - definition
42‑4‑509
Vehicles weighed - excess removed
42‑4‑510
Permits for excess size and weight and for manufactured homes - rules - definitions
42‑4‑511
Permit standards - state and local
42‑4‑511.2
Authority for cooperative agreements with regional states on excess size or weight vehicles - regulations
42‑4‑512
Liability for damage to highway
42‑4‑601
Department to sign highways, where
42‑4‑602
Local traffic control devices
42‑4‑603
Obedience to official traffic control devices
42‑4‑604
Traffic control signal legend
42‑4‑605
Flashing signals
42‑4‑606
Display of unauthorized signs or devices
42‑4‑607
Interference with official devices
42‑4‑608
Signals by hand or signal device
42‑4‑609
Method of giving hand and arm signals
42‑4‑610
Unauthorized insignia
42‑4‑611
Paraplegic persons or persons with disabilities - distress flag
42‑4‑612
When signals are inoperative or malfunctioning - penalty
42‑4‑613
Failure to pay toll established by regional transportation authority
42‑4‑614
Designation of highway maintenance, repair, or construction zones - signs - increase in penalties for speeding violations
42‑4‑615
School zones - increase in penalties for moving traffic violations
42‑4‑616
Wildlife crossing zones - increase in penalties for moving traffic violations
42‑4‑617
Steep downhill grade zones - increase in penalties and surcharges for speeding violations - definitions
42‑4‑701
Vehicles approaching or entering intersection
42‑4‑702
Vehicle turning left
42‑4‑703
Entering through highway - stop or yield intersection
42‑4‑704
Vehicle entering roadway
42‑4‑705
Operation of vehicle approached by emergency vehicle - operation of vehicle approaching stationary emergency vehicle, stationary towing carrier vehicle, or stationary public utility service vehicle
42‑4‑706
Obedience to railroad signal
42‑4‑707
Certain vehicles must stop at railroad grade crossings - definitions
42‑4‑708
Moving heavy equipment at railroad grade crossing
42‑4‑709
Stop when traffic obstructed
42‑4‑710
Emerging from or entering alley, driveway, or building
42‑4‑711
Driving on mountain highways
42‑4‑712
Driving in highway work area
42‑4‑713
Yielding right-of-way to transit buses - definitions
42‑4‑714
Bicyclist or other authorized user in bicycle lane
42‑4‑715
Yielding right-of-way in roundabouts - definitions
42‑4‑801
Pedestrian obedience to traffic control devices and traffic regulations
42‑4‑802
Pedestrians’ right-of-way in crosswalks
42‑4‑803
Crossing at other than crosswalks
42‑4‑805
Pedestrians walking or traveling in a wheelchair on highways
42‑4‑806
Driving through safety zone prohibited
42‑4‑807
Drivers to exercise due care
42‑4‑808
Drivers and pedestrians, other than persons in wheelchairs, to yield to individuals with disabilities
42‑4‑901
Required position and method of turning
42‑4‑902
Limitations on turning around
42‑4‑903
Turning movements and required signals
42‑4‑1001
Drive on right side - exceptions
42‑4‑1002
Passing oncoming vehicles
42‑4‑1003
Overtaking a vehicle on the left
42‑4‑1004
When overtaking on the right is permitted
42‑4‑1005
Limitations on overtaking on the left
42‑4‑1006
One-way roadways and rotary traffic islands
42‑4‑1007
Driving on roadways laned for traffic
42‑4‑1008
Following too closely
42‑4‑1008.5
Crowding or threatening bicyclist
42‑4‑1009
Coasting prohibited
42‑4‑1010
Driving on divided or controlled-access highways
42‑4‑1011
Use of runaway vehicle ramps
42‑4‑1012
High occupancy vehicle (HOV) and high occupancy toll (HOT) lanes - penalty
42‑4‑1013
Passing lane - definitions - penalty
42‑4‑1101
Speed limits
42‑4‑1102
Altering of speed limits - department to study rural state highways and increase speed limits - definitions
42‑4‑1103
Minimum speed regulation
42‑4‑1104
Speed limits on elevated structures
42‑4‑1105
Speed contests - speed exhibitions - aiding and facilitating - immobilization of motor vehicle - definitions
42‑4‑1106
Minimum speed in left lane - interstate 70
42‑4‑1201
Starting parked vehicle
42‑4‑1202
Parking or abandonment of vehicles
42‑4‑1203
Ski areas to install signs
42‑4‑1204
Stopping, standing, or parking prohibited in specified places - penalty
42‑4‑1205
Parking at curb or edge of roadway
42‑4‑1206
Unattended motor vehicle - definitions
42‑4‑1207
Opening and closing vehicle doors
42‑4‑1208
Reserved parking for persons with disabilities - applicability - rules
42‑4‑1209
Owner liability for parking violations
42‑4‑1210
Designated areas on private property for authorized vehicles
42‑4‑1211
Limitations on backing
42‑4‑1212
Pay parking access for persons with disabilities
42‑4‑1213
Parking in electric motor vehicle charging stations - definition
42‑4‑1301
Driving under the influence - driving while impaired - driving with excessive alcoholic content - definitions - penalties
42‑4‑1301.1
Expressed consent for the taking of blood, breath, urine, or saliva sample - testing - fund - rules - repeal
42‑4‑1301.3
Alcohol and drug driving safety program - definition
42‑4‑1301.4
Useful public service - definitions - local programs - assessment of costs
42‑4‑1302
Stopping of suspect
42‑4‑1303
Records - prima facie proof
42‑4‑1304
Samples of blood or other bodily substance - duties of department of public health and environment - rules
42‑4‑1305
Open alcoholic beverage container - motor vehicle - prohibited
42‑4‑1305.5
Open marijuana container - motor vehicle - prohibited
42‑4‑1306
Colorado task force on drunk and impaired driving - creation - legislative declaration
42‑4‑1307
Penalties for traffic offenses involving alcohol and drugs - legislative declaration - definitions - repeal
42‑4‑1308
Study of devices capable of assessing drug impairment of motorists - report - definition - repeal
42‑4‑1401
Reckless driving - penalty
42‑4‑1402
Careless driving - penalty
42‑4‑1402.5
Vulnerable road user - prohibition - violations and penalties - definition
42‑4‑1403
Following fire apparatus prohibited
42‑4‑1404
Crossing fire hose
42‑4‑1405
Riding in trailers
42‑4‑1406
Foreign matter on highway prohibited - penalty - definitions
42‑4‑1407
Spilling loads on highways prohibited - prevention of spilling of aggregate, trash, or recyclables
42‑4‑1407.5
Splash guards - when required - definition
42‑4‑1408
Operation of motor vehicles on property under control of or owned by parks and recreation districts
42‑4‑1409
Compulsory insurance - penalty - legislative intent
42‑4‑1410
Proof of financial responsibility required - suspension of license
42‑4‑1410.5
Providing false evidence of proof of motor vehicle insurance - penalty
42‑4‑1411
Use of earphones while driving
42‑4‑1412
Operation of bicycles, electric scooters, and other human-powered vehicles
42‑4‑1412.5
Statewide regulation of certain persons approaching intersections who are not operating motor vehicles - status of existing local ordinance or resolution - legislative declaration - definitions
42‑4‑1413
Eluding or attempting to elude a police officer
42‑4‑1414
Use of dyed fuel on highways prohibited
42‑4‑1415
Radar jamming devices prohibited - penalty
42‑4‑1416
Failure to present a valid transit pass or coupon - fare inspector authorization - definitions
42‑4‑1501
Traffic laws apply to persons operating motorcycles and autocycles - special permits
42‑4‑1502
Motorcycles and autocycles - protective helmet
42‑4‑1503
Operating motorcycles and autocycles on roadways laned for traffic
42‑4‑1504
Clinging to other vehicles - penalty
42‑4‑1601
Accidents involving death or personal injuries - duties
42‑4‑1602
Accident involving damage - duty
42‑4‑1603
Duty to give notice, information, and aid
42‑4‑1604
Duty upon striking unattended vehicle or other property
42‑4‑1605
Duty upon striking highway fixtures or traffic control devices
42‑4‑1606
Duty to report accidents
42‑4‑1607
When driver unable to give notice or make written report
42‑4‑1608
Accident report forms
42‑4‑1609
Coroners to report
42‑4‑1610
Reports by interested parties confidential
42‑4‑1611
Tabulation and analysis of reports
42‑4‑1612
Accidents in state highway work areas
42‑4‑1701
Traffic offenses and infractions classified - penalties - penalty and surcharge schedule - repeal
42‑4‑1702
Alcohol- or drug-related traffic offenses - collateral attack
42‑4‑1703
Parties to a crime
42‑4‑1704
Offenses by persons controlling vehicles
42‑4‑1705
Person arrested to be taken before the proper court
42‑4‑1706
Juveniles - convicted - arrested and incarcerated - provisions for confinement
42‑4‑1707
Summons and complaint or penalty assessment notice for misdemeanors, petty offenses, and misdemeanor traffic offenses - release - registration
42‑4‑1708
Traffic infractions - proper court for hearing, burden of proof - appeal - collateral attack
42‑4‑1709
Penalty assessment notice for traffic infractions - violations of provisions by officer - driver’s license - definition
42‑4‑1710
Failure to pay penalty for traffic infractions - failure of parent or guardian to sign penalty assessment notice - procedures
42‑4‑1711
Compliance with appearance
42‑4‑1712
Procedure prescribed not exclusive
42‑4‑1713
Conviction record inadmissible in civil action
42‑4‑1714
Traffic violation not to affect credibility of witness
42‑4‑1715
Convictions, judgments, and charges recorded - public inspection
42‑4‑1716
Notice to appear or pay fine - failure to appear - penalty - definition
42‑4‑1717
Conviction - attendance at driver improvement school - rules
42‑4‑1718
Electronic transmission of data - standards
42‑4‑1719
Violations - commercial driver’s license - compliance with federal regulation
42‑4‑1801
Legislative declaration
42‑4‑1802
Definitions
42‑4‑1803
Abandonment of motor vehicles - public property
42‑4‑1804
Report of abandoned motor vehicles - owner’s opportunity to request hearing
42‑4‑1805
Appraisal of abandoned motor vehicles - sale
42‑4‑1806
Liens upon towed motor vehicles
42‑4‑1807
Perfection of lien
42‑4‑1808
Foreclosure of lien
42‑4‑1809
Proceeds of sale
42‑4‑1810
Transfer and purge of certificates of title
42‑4‑1811
Penalty
42‑4‑1812
Exemptions
42‑4‑1813
Local regulations
42‑4‑1814
Violation of motor vehicle registration or inspection laws - separate statutory provision
42‑4‑1901
School buses - equipped with supplementary brake retarders
42‑4‑1902
School vehicle drivers - special training required
42‑4‑1903
School buses - stops - signs - passing
42‑4‑1904
Regulations for school buses - regulations on discharge of passengers - penalty - exception - definition
42‑4‑2001
Maximum hours of service - ready-mix concrete truck operators
42‑4‑2101
Legislative declaration
42‑4‑2102
Definitions
42‑4‑2103
Abandonment and nonconsensual towing of motor vehicles - private property - rules
42‑4‑2104
Appraisal of abandoned motor vehicles - sale
42‑4‑2105
Liens upon towed motor vehicles
42‑4‑2106
Perfection of lien
42‑4‑2107
Sale of abandoned vehicle
42‑4‑2108
Proceeds of sale
42‑4‑2109
Transfer and purge of certificates of title
42‑4‑2110
Penalty
42‑4‑2201
Definitions
42‑4‑2202
Transfer for recycling
42‑4‑2203
Vehicle verification system - fees - rules
42‑4‑2204
Theft discovered - duties - liability
42‑4‑2301
Comprehensive education
42‑4‑2401
Definitions
42‑4‑2402
Event data recorders
42‑4‑2403
Applicability
42‑4‑2501
Educational materials - updating of driving manual
Green check means up to date. Up to date

Current through Fall 2024

§ 42-4-1307’s source at colorado​.gov