DUI – C.R.S. 42-4-1301.(1)(a)(f)(h) Driving Under the Influence

 In DUI/DWAI/DUID

 Colorado Revised Statutes (C.R.S. 42-4-1301)
Driving under the influence (Also referred to as a ‘DUI’)

(1)(a) A person who drives a motor vehicle or vehicle under the influence of alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, commits driving under the influence. Driving under the influence is a misdemeanor, but it is a class 4 felony if the violation occurred after three or more prior convictions, arising out of separate and distinct criminal episodes, for DUI, DUI per se, or DWAI; vehicular homicide, as described in section 18-3-106 (1)(b), C.R.S.; vehicular assault, as described in section 18-3-205 (1)(b), C.R.S.; or any combination thereof.

(f) “Driving under the influence” 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, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.

(h) Pursuant to section 16-2-106, C.R.S., in charging the offense of DUI, it shall be sufficient to describe the offense charged as “drove a vehicle under the influence of alcohol or drugs or both”.

Source: C.R.S. § 42-4-1301 (Lexis Advance through all Laws passed during the 2018 Legislative Session)


Waters, Kubik, & Cassens, LLC. Partner Damon Cassens has been practicing law in Southern Colorado since 1994. Damon studied biology and chemistry prior to pursuing his JD, so he has knowledge about the science behind DUI, in addition to understanding the DUI laws – understanding the Colorado Revised Statues on Driving Under the Influence, or DUI, is only PART of the battle! Get an attorney that will think outside the box and fight for your rights!

Hire a DUI Defense Attorney, with experience in Colorado Springs, Fountain, Security/Widefield, Woodland Park, Cripple Creek. Damon has defended those charged with DUI, DWAI and DUID in El Paso County Court & Teller County Courts.

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