You’re leaving your favorite bar in Greenwood Village after an enjoyable evening with friends. The fun comes to an abrupt stop, however, when a police officer pulls you over on the way home, citing erratic driving as the reason. After running some roadside tests, he concludes that you’ve been driving under the influence and places you under arrest. As you sit in the back of the police car, fuming, you tell yourself that since it’s your first DUI in Colorado, the charges likely won’t be severe. You do have a record for driving under the influence in Arizona, but that won’t count here, will it?
Yes, unfortunately, it likely will.
If you’ve been convicted of DUI in another state, that record doesn’t disappear when you’re in Colorado: the law treats most out-of-state DUI or DWAI convictions as though they happened here under the Interstate Compact laws in the US. That means you’re looking at a possible prison sentence, along with fines and administrative penalties like loss of your driving privileges. In this guide, we’ll explain how Colorado courts handle out-of-state convictions, when they count against you, and why you should seek help from a local DUI defense lawyer.
Colorado DUI vs. DWAI
In Colorado, there are two charges for impaired driving: DUI and DWAI:
- A DUI, or driving under the influence, applies when you’re substantially impaired by alcohol, drugs, or a combination of both. The law doesn’t require Colorado drivers to have a certain blood alcohol content (BAC) for a conviction, but prosecutors usually rely on a test result of 0.08% or higher (DUI Per Se).
- A DWAI, or driving while ability impaired, occurs when your ability to drive is impaired, even if it’s in the slightest degree. Colorado law presumes impairment at a BAC of 0.05% and 0.079%. Although it’s a lower threshold, a DWAI still counts as a prior offense if you’re charged with DUI or DWAI again later on.
If you were convicted in another state, Colorado prosecutors will review the applicable statute to determine if your conduct would qualify as DUI or DWAI here. For example, if you were convicted of impaired driving in a state that uses 0.08% as the standard threshold for intoxication, Colorado law may treat that conviction as a previous DUI for sentencing purposes.
It is important to note that Colorado is a member of the Driver License Compact (DLC) and the Non-Resident Violator Compact (NRVC). These agreements allow member states to share information about serious traffic violations and enforce penalties, meaning a violation in one state can impact your driving record and license in Colorado.
How Out-of-State Priors Affect Sentencing
Once a court accepts a prior DUI or DWAI conviction, the penalty range in your current case increases. Even a first conviction carries consequences: up to one year in jail, a fine between $600 and $1,000, as many as 96 hours of public service, and a nine-month license revocation. Jail time isn’t mandatory at this stage unless your BAC was 0.20 or higher, but the conviction still leaves you with long-term consequences.
A second conviction requires the judge to impose at least ten days in jail, no exceptions. The maximum sentence rises to one year, fines expand to $600–$1,500, and public service ranges from 48 to 120 hours. Your license will be revoked for up to one year, and you’ll only regain driving privileges with an ignition interlock device installed. Out-of-state convictions count toward this step just as much as Colorado convictions do.
By the third conviction, the law mandates at least sixty days in jail. Fines stay in the $600–$1,500 range, but the required public service increases. You’ll also be classified as a “persistent drunk driver,” which triggers longer ignition interlock requirements and mandatory alcohol education and treatment. (FYI, PDD or persistent drunk driver requirements can also be triggered for high BAC results even on a first offense). At this point, the prior convictions have lasting effects on both your freedom and your ability to drive.
If you already have three or more convictions, the next case can be filed as a Class 4 felony. A felony DUI carries a presumptive prison sentence of two to six years in prison (not county jail, PRISON), three years of mandatory parole, and fines that can run as high as $500,000. Judges may still consider probation, but only under strict conditions such as completion of treatment or a shorter jail term first. The felony classification places you at real risk of a prison sentence, and the trigger for that risk is the number of priors the court accepts as valid.
Will Your Out-of-State Case “Match” Colorado Law?
Colorado courts apply what’s called an equivalency test when looking at out-of-state convictions. Judges compare the elements of the other state’s statute to Colorado DUI laws. If the behavior punished in the other state would also be illegal under Colorado law, the conviction can be counted as a prior.
This comparison can lead to disputes. For example, Utah sets its adult per se DUI limit at 0.05. Colorado recognizes DWAI at lower BACs when you’re impaired, so a Utah conviction at 0.05 or higher will almost always count as a prior here. Arizona presents a different challenge, as state law makes it illegal to drive with any proscribed (illegal) drug or its metabolite in your system, regardless of impairment. Colorado requires proof of impairment for drugged driving, so if your Arizona conviction was based only on metabolite presence, you may be able to argue that it doesn’t line up with Colorado law and shouldn’t increase your penalties.
Opportunities to challenge equivalency are rare because most states structure their DUI laws in ways that mirror Colorado’s. But when a statute is broader, like Arizona’s drug-metabolite rule, the mismatch can keep a prior from being used against you. That can mean the difference between a misdemeanor and a felony, or between a short jail sentence and years in prison.
Proving the Prior: What the State Must Show
In Colorado, prosecutors must prove a prior DUI or DWAI conviction with official records. The most common form of proof is a certified copy of the judgment of conviction from the court where the prior case was decided. A driving record from the Colorado Department of Revenue can also be used, but the record must show the offense, the date, and the final conviction and that the conviction is for the same person that they’re alleging. These documents are required because the law doesn’t allow the court to assume a prior conviction exists without written proof.
The state must also show that the records belong to you. That connection is usually made by matching your name, date of birth, and driver’s license number. Sometimes, fingerprints or booking photos are attached to strengthen the link. If the prosecutor can’t establish that the person named in the record is the same person now on trial, the court may reject the prior. In felony DUI cases, this issue is especially important because the number of priors changes the charge itself, not just the sentence.
How a DUI Defense Attorney Can Challenge Out-of-State Priors
An experienced criminal defense lawyer can challenge the inclusion of your prior convictions. One approach is to argue that an out-of-state statute doesn’t match DWAI or DUI laws in Colorado. If the other state criminalized conduct that wouldn’t qualify as impaired driving here, the prior may be excluded. Arizona’s drug-metabolite statute is one example where a mismatch can provide grounds to argue against using the conviction.
The Colorado Supreme Court has also made it clear that prosecutors must prove each prior conviction beyond a reasonable doubt. In Linnebur v. People (2020 CO 79), the Court ruled that prior convictions are elements of felony DUI and must be submitted to the jury. The opinion stated: “Because prior convictions are elements of the offense of felony DUI, they must be proved to a jury beyond a reasonable doubt.”
The prosecution also needs to show that you’re the one with all those priors. In People v. Herold (2024), prosecutors tried to secure a felony DUI conviction by presenting evidence of three prior DUI or DWAI cases. Law enforcement records listed the same name and date of birth as the defendant and described the person as a “Caucasian Male,” but they lacked other identifiers such as a driver’s license number. Because of that, the felony charge could not stand, highlighting the strict standard prosecutors must meet when using prior convictions to elevate a DUI to a felony.
What to Do If You Have Out-of-State Priors and a New Colorado DUI
If you’ve been arrested for DUI in Colorado and have past convictions from another state, the most important step is gathering documentation. Certified court judgments, plea deals, reports by the arresting officer, and official driving records are what prosecutors rely on to prove priors. Having those court proceedings and other records ready allows your attorney to examine whether they meet Colorado’s standards for proof and equivalency.
You also need to pay close attention to deadlines that run outside the courtroom. After a DUI arrest, you have only seven days to request an Express Consent Hearing with the Department of Revenue to contest your driver’s license suspension. If you miss that deadline, the Colorado DMV will automatically suspend your driving privileges, even if the criminal case hasn’t been resolved.
Finally, early legal representation is critical because your criminal defense attorney can review the out-of-state police reports, blood alcohol content test results, and court records before prosecutors use them. That examination may reveal gaps in proof or mismatches in law that you wouldn’t recognize on your own. Addressing those issues at the start of the case can narrow the range of penalties you may actually face.
Don’t Let Old Convictions Decide Your Future
Prior DUI convictions from other states don’t disappear once you’re in Colorado. Prosecutors can use them to raise penalties, and once three priors are proven, the next case can be charged as a felony. That change brings the possibility of years in prison, thousands of dollars in fines, and driver’s license suspension.
You don’t have to face that risk without a defense. Colorado Lawyer Team reviews every prior conviction, examines how it compares to Colorado law, and challenges records that don’t meet the state’s standards. By putting your case in experienced hands at the beginning, you give yourself a real chance to limit the impact of old convictions on your future. For more information, call (970) 344-9401 or contact us online.