Impaired Driving Module

Menu

  1. Introduction
  2. “Vehicle” and “Motor Vehicle”
  3. “Drive”
  4. “Drugs”
  5. “Legal Limit”
  6. Open Container
  7. Driving Under the Influence (DUI)
  8. Driving Under the Influence Per Se (“DUI Per Se”)
  9. Driving While Ability Impaired (DWAI)
  10. Second and Subsequent Offenses
  11. Underage Drinking and Driving (“UDD” or “Baby DUI”)
  12. Strict Liability
  13. Juveniles and Minors
  14. Evidence of Impairment
  15. Standardized Field Sobriety Tests (SFSTs)
  16. Drug Recognition Experts (DREs)
  17. Expressed Consent
  18. Breath Tests
  19. Blood Tests
  20. Prima Facie Case Requirement
  21. Preparing for Trial
  22. Voir Dire
  23. Expert Testimony
  24. Proving Chain of Custody
  25. Double-Refusals

Impaired driving refers to a driver exercising “actual physical control” over a vehicle when an intoxicating substance, whether alcohol, drugs, or some combination of the two, has impaired the driver’s ability to safely operate the vehicle.

Crimes

Colorado criminalizes impaired driving in a number of ways, including:

      1. Driving Under the Influence (DUI) (Unclassified Misdemeanor),
      2. Driving Under the Influence Per Se (“DUI Per Se”) (Unclassified Misdemeanor),
      3. Driving While Ability Impaired (DWAI) (Unclassified Misdemeanor),
      4. Underage Drinking and Driving (UDD or “Baby DUI”) (Class A Traffic Infraction or Class 2 Traffic Misdemeanor if 2+),
      5. DUI or DWAI Second or Third Offense (Unclassified Misdemeanor),
      6. DUI or DWAI Fourth or More Offense (F4),
      7. Vehicular Assault (F4), and
      8. Vehicular Homicide (F3).

You will likely not encounter Vehicular Assault or Vehicular Homicide until later in your career as a prosecutor. For that reason, this training does not cover those two offenses.

There are more uncommon forms of impaired driving in Colorado, including:

      1. Boating Under the Influence, § 33-13-108.1;
      2. Water Skiing Under the Influence, § 33-13-110(3);
      3. Operating an Aircraft Under the Influence, § 41-2-102(2)(a);
      4. Driving a Non-Motorized Vehicle under the Influence (“Bike/Segway DUI”), § 42-4-1301(1)(a);
      5. Riding an Animal on a Highway Under the Influence (“Horse DUI”), § 42-4-805(3), (4).

Because these charges are so uncommon, this training will not cover them. Most the principles contained in this training, however, will still apply to your work regardless of what form of impaired driving you are prosecuting.

For comprehensive guides to prosecuting impaired driving cases in Colorado, consider:

      1. The DUI Manual by CDAC,
      2. The Colorado DUI Benchbook (2021 Edition),
      3. Impaired Driving Enforcement Manual (2019) by the Colorado Office of Transportation Safety, and
      4. Drugged Driving Video Series (2021) by CDAC.

Traffic Safety Resource Prosecutor

In addition, CDAC employs a full-time Traffic Safety Resource Prosecutor. This prosecutor is available to help answer your questions and help educate you on the many aspects of prosecuting impaired driving cases.

Jennifer Knudsen
Jennifer Tibbits Knudsen
Traffic Safety Resource Prosecutor
Colorado District Attorneys’ Council
3600 S Yosemite Street, Suite 200
Denver, CO 80237
Jen@cdac.state.co.us
(303) 830-9115

Resources

Colorado Resources

CDAC Video Library

CDAC Videos

Impaired Driving – Trial Techniques

National Resources

National Association of State Boating Law Administrators (NASBLA) Manuals