Colorado · Handbook chapter 3 · 4 min read
Chapter 3: Seat belts and impaired driving
Colorado seat belt and child restraint law, DWAI and DUI, BAC limits, standard drinks, marijuana and other drugs, express consent, ignition interlock and the penalty table.
Why this chapter matters
Colorado has two impaired driving offenses, DWAI and DUI, and a detailed child seat law. Both are favorite exam topics, with exact ages, weights and figures to learn.
Seat belt law
A fastened seat belt is required for:
- the driver,
- front-seat passengers, and
- children under 16.
Exceptions include emergency personnel, passenger and school buses, farm equipment, delivery van drivers on the job and anyone with a doctor's written statement. In a car driven by someone under 18, every passenger must be restrained and there may be no more passengers than seat belts.
Child restraints
If no parent is in the car, the driver must make sure each child is properly secured:
| Child | Restraint |
|---|---|
| Under 2 and under 40 lb | Rear-facing seat, in the rear seat |
| Under 2 and 40 lb or more | Rear-facing or forward-facing seat |
| 2 to under 4, at least 20 lb | Rear- or forward-facing seat, in the rear seat if there is one |
| 4 to under 9, at least 40 lb | Child seat or booster, in the rear seat if there is one |
| 9 to 18 | Seat belt or child restraint as the maker directs |
DWAI and DUI
- DWAI (Driving While Ability Impaired): impaired to the slightest degree.
- DUI (Driving Under the Influence): substantially incapable of driving safely.
- DUI per se: a BAC over 0.08.
- Convictions rest on your driving and behavior, not only your BAC.
- Your license may be revoked for a BAC over .08, over .02 if you are under 21, or over .04 for a commercial driver.
- Open containers of alcohol or marijuana are illegal in the passenger area of a vehicle on a public road.
- Colorado does not allow plea bargaining out of an alcohol or drug driving offense.
What affects BAC
The amount you drink, your body weight, how fast you drink, the time since your last drink and your sex.
- A standard drink is 12 oz of beer, 5 oz of wine or 1.5 oz of spirits; each holds about the same alcohol.
- Only time sobers you up. On average, BAC drops about 0.015 per hour.
Drugs
- Driving impaired by marijuana, prescription or over-the-counter medicines, or illegal drugs carries the same penalties as alcohol. Medical use is no defense.
- A blood level of 5 nanograms of THC per milliliter allows a permissible inference of DUI. There is no THC level for DWAI.
- Mixing drugs (polydrug impairment) is more common in Colorado than impairment by any single drug other than alcohol, and more dangerous.
- Check medicine labels; if unclear, ask your doctor or pharmacist.
Express consent
By driving in Colorado you agree to a chemical test of blood, breath, saliva or urine if an officer suspects impairment.
- Refusing brings a one-year revocation and an ignition interlock on any vehicle you drive for two years.
- An ignition interlock needs a breath sample before the engine starts and at intervals while driving.
- Other suspensions from the same incident are added after the revocation.
Possible penalties for drivers 21 and older
| Conviction | BAC shown in the table | License action | Fine | Jail |
|---|---|---|---|---|
| 1st DWAI | 0.05 | 8 points | $200 to $500 | 2 to 180 days |
| 1st DUI | 0.08 | 9-month revocation | $600 to $1,000 | 5 to 365 days |
| 2nd DWAI or DUI | 0.08 | 1-year revocation | $600 to $1,500 | 10 to 365 days |
| 3rd or later | 2-year revocation | $600 to $1,500 | 60 to 365 days |
Public service hours are also ordered. Drivers under 21 convicted of DUI or DWAI face revocation on a first conviction if they do not finish a court-ordered program, and a mandatory revocation on a second or third.
Frequently asked questions
Who must wear a seat belt in Colorado?
The driver, front-seat passengers and children under 16. In a car driven by someone under 18, every passenger must be restrained.
What is the difference between DWAI and DUI?
DWAI means impaired to the slightest degree; DUI means substantially incapable of driving safely.
What happens if I refuse a chemical test?
Your license is revoked for one year and you must use an ignition interlock for two years.
What is the BAC limit for drivers under 21?
Your license may be revoked at a BAC over .02.
How fast does BAC go down?
About 0.015 per hour on average. Only time lowers it.
Based on the Colorado Driver Handbook (Colorado DMV): Seat Belt Laws and Driving Under the Influence.