The holiday season brings celebrations, travel, and time with friends and family. But it also coincides with increased law enforcement efforts to deter impaired driving. In Colorado, drivers suspected of DUI (Driving Under the Influence) or DWAI (Driving While Ability Impaired) around holidays like Thanksgiving, Christmas, and New Year’s face serious consequences if stopped after a party or night out.
Law enforcement agencies across Colorado participate in heightened DUI enforcement efforts throughout the holiday season. The Colorado Department of Transportation’s “Heat Is On” campaign designates high‑visibility periods with increased patrols and sobriety checkpoints—not just before Christmas, but also between December 26 and New Year’s Day, when celebrations and impaired driving risks continue. Officers remain active through the end of the year, making arrests for DUI and DWAI more likely during this time.
What Laws Govern DUI and DWAI in Colorado?
Under Colorado Revised Statutes § 42‑4‑1301, a person commits DUI per se if they operate a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher within two hours of driving. A driver can also be charged with DUI based on impairment from alcohol, drugs, or a combination, even if their BAC is not above 0.08%.
Colorado also recognizes DWAI, a separate offense that applies when a driver’s BAC is between 0.05% and under 0.08% and their ability to drive is impaired to the slightest degree by alcohol or drugs. Both DUI and DWAI charges can arise during holiday enforcement efforts, even if you feel “okay to drive.”
Why Holiday DUI Enforcement Is Stricter
During major holiday periods, law enforcement increases patrols and sobriety checkpoints to reduce impaired driving crashes and fatalities. Colorado’s safety campaigns are backed by data showing that impaired driving continues to be a leading factor in holiday‑period crashes and arrests statewide.
These enforcement efforts mean:
- More officers on the road late at night and early morning
- Sobriety checkpoints that are legal under Colorado and federal law
- Lower tolerance for impairment, especially around celebrations with alcohol
Traffic stops and checkpoints are intended to deter impaired driving, but they can also catch drivers who misjudge their level of impairment.
Penalties for DUI and DWAI
The consequences of a DUI conviction in Colorado are significant. A first offense DUI is a misdemeanor punishable by:
- 5 days to 1 year in jail
- Fines of $600 to $1,000
- 48 to 96 hours of community service
- Up to a 9‑month driver’s license revocation
- Alcohol education and treatment requirements
A conviction also typically results in 12 points on your driving record, which affects insurance and driving privileges.
A first‑time DWAI carries:
- 2 to 180 days in jail
- Fines of $200 to $500
- 24 to 48 hours of community service
- 8 points on your driving record
Although DWAI does not always trigger automatic license suspension, the record of impairment still affects your driving history and insurance.
Penalties become harsher with subsequent offenses, higher BAC levels, causing injury, or refusal to submit to chemical testing. Refusing a breath or blood test after a DUI arrest may trigger automatic license suspension under Colorado’s express consent laws.
What to Do If You’re Pulled Over
If an officer stops you for suspected impairment:
- Pull over safely and promptly
- Provide your license, registration, and proof of insurance
- Be polite and avoid admitting to drinking
- Understand you have the right to remain silent
Avoid arguing or being confrontational, even if you feel the stop is unjustified. Your behavior during the stop can affect not only the officer’s decision to arrest you, but also how your case is later viewed in court.
After the initial interaction, the officer may ask you to step out of the vehicle to perform field sobriety tests—but it’s important to understand your rights before proceeding.
Field Sobriety Tests and Chemical Testing: What You Should Know
Field sobriety tests—such as the walk-and-turn, one-leg stand, and horizontal gaze nystagmus—are commonly used by officers during DUI stops to assess impairment. In Colorado, these tests are voluntary, and you are not legally required to perform them. If you have not yet been placed under arrest, you may politely decline without facing direct legal penalties. Officers are not required to inform you that the tests are optional, which can lead drivers to assume they must comply.
Should you decline a field sobriety test?
In some situations, yes. If you have a medical condition, injury, or physical limitation that could affect your balance or coordination—even if you’re sober—performing these tests may give the officer more evidence to justify an arrest. Poor performance could also be misinterpreted as impairment. Politely declining field tests is often a reasonable choice, especially if you’re concerned about fairness or accuracy.
Chemical testing, on the other hand, is a different matter. If you are formally arrested for suspected DUI or DWAI, Colorado’s Express Consent Law (see CRS § 42-4-1301.1) requires that you submit to a blood or breath test to measure your BAC. Refusing this test after arrest can trigger immediate administrative consequences from the DMV, including:
- Automatic license revocation (typically 1 year for a first refusal)
- Designation as a “persistent drunk driver” under Colorado law, even without a DUI conviction
- Mandatory alcohol education and treatment programs
- Installation of an ignition interlock device, at your own expense
Refusing a chemical test can also be used as evidence against you in court—the prosecution may argue that the refusal shows consciousness of guilt.
So, should you ever refuse chemical testing?
Generally, no—especially if this is your first offense. The administrative penalties are severe, and refusal often doesn’t help your case. In rare circumstances, such as if the DUI would result in a felony due to prior convictions or serious bodily injury, a defense attorney might advise against testing—but this is a legal strategy that should be discussed with counsel in advance, not at the roadside.
In most cases, cooperating with chemical testing after arrest is the less risky choice, as it may preserve eligibility for license reinstatement, reduce legal exposure, and allow for challenges to the test’s accuracy later in court.
Holiday Planning Can Help You Avoid Trouble
The safest approach during holiday festivities is to plan ahead:
- Designate a sober driver
- Use ride‑sharing services or public transportation
- Stay overnight instead of driving home
Even short trips—like the one home from a party—can result in DUI charges if impairment is suspected.
Facing Charges During the Holidays
A DUI or DWAI arrest during holiday enforcement can disrupt travel plans and carry long‑lasting consequences. If you are charged with impaired driving, it’s important to understand your rights and the legal process ahead. An experienced attorney can evaluate whether law enforcement followed proper procedures, challenge the accuracy of BAC testing, and advocate for the best possible outcome under Colorado law.