Colorado DUI Law Changes for 2026 | Pav Law Criminal Defense
As 2026 approaches, Colorado’s fight against impaired driving continues to evolve. Whether you’re a resident, a visitor, or someone facing charges, understanding how Colorado DUI laws are shifting and what enforcement priorities local law enforcement and prosecutors have can make a real difference in your case and your future.
At Pav Law, we help clients navigate the complexities of Colorado DUI and DWAI charges — including changes to the law, enforcement trends, and what to expect if you’re pulled over or charged. Here’s a detailed breakdown of the most relevant developments headed into 2026.
1. No Major Overhaul in Statutory DUI Law on January 1, 2026 — But Enforcement Is Getting Serious
Unlike some high-profile legislative shifts in other states, Colorado isn’t rolling out dramatic changes to the DUI statute itself on January 1, 2026. Lawmakers did not enact a wholesale rewrite of DUI blood alcohol limits or redefine impairment standards as of the 2025 legislative session. CO DUI laws continue to be primarily governed by Colorado Revised Statutes § 42-4-1301 for DUI and DWAI offenses.
However, what is changing is how Colorado law enforcement is enforcing the current laws — with more emphasis on saturation patrols, checkpoints, and coordinated campaigns like “The Heat Is On.” During high-risk periods such as the New Year’s Eve and Winter Blitz enforcement windows, Colorado State Patrol and local agencies step up efforts to arrest and deter impaired driving. Colorado Department of Transportation
👉 Why this matters: Even without major statutory changes, increased enforcement means more DUI arrests and prosecutions — and higher risk for drivers who don’t plan a sober ride home.
2. Expressed Consent & DUI Testing Enforcement Remains Crucial
Colorado’s Expressed Consent Law remains firmly in effect: anyone driving in Colorado implicitly consents to a chemical test (blood or breath) if an officer has probable cause to believe the driver is impaired. Refusing to submit to this test can result in automatic administrative penalties — even before any criminal prosecution begins — including license revocation and ignition interlock requirements. Colorado Department of Transportation
This policy didn’t get significantly altered for 2026, but its enforcement is increasingly strict.
Key takeaway: Refusal still carries automatic DMV penalties — and prosecutors and law enforcement are relying on expressed consent to strengthen DUI cases going into 2026.
3. Federal Vehicle Safety Technology Mandate
Under the Infrastructure Investment and Jobs Act, the National Highway Traffic Safety Administration (NHTSA) is directed to develop anti-drunk driving detection technology that will be installed as standard equipment in all new passenger vehicles sold in the United States by as early as 2026–2027. This technology is intended to passively detect driver impairment and prevent intoxicated operation of the vehicle.
This change does not immediately alter Colorado’s statutory DUI elements but will fundamentally change how vehicles operate nationwide — meaning:
- New cars will be equipped with sensors that can detect alcohol impairment before the vehicle operates, even without a breathalyzer request from police.
- Approved technologies could include camera-based driver monitoring systems, exterior cameras and sensors, alcohol detection systems or others.
- Drivers might be prevented from starting a vehicle if the technology senses the presence of alcohol or impairment indicators.
- Older vehicles already on the road will not have this technology unless retrofitted.
This federal shift signals a long-term move toward automated DUI prevention technology, which will interact with enforcement and defense strategies in the years ahead.
If you’re facing a DUI charge under Colorado’s increased enforcement efforts, speaking with a defense attorney early can make a difference.
4. Ignition Interlock Devices & Length of Restrictions Are Under Scrutiny
One of the most significant law reform proposals in recent years — carried into the 2025 legislative docket — focused on extending ignition interlock requirements and creating new penalties for violating a warrant to draw blood after a DUI arrest.
Although this bill (HB24-1135) has been under debate for some time, its key points include:
- Creating a new crime for failing to comply with a blood-draw warrant after a DUI stop
- Increasing ignition interlock restrictions for multiple DUI convictions — 3 years for a third offense and 4 years for a fourth, for instance
- Aligning penalties more strictly with repeat offenders
These proposals are likely to influence how courts sentence DUI offenders in 2026, particularly in repeat cases. Even if not yet law, they signal the legislature’s direction toward harsher consequences for recidivism.
5. Trends in DUI Arrests & Law Enforcement Focus Into 2026
Colorado is on track to exceed 16,000 DUI arrests in 2025 — underscoring how seriously law enforcement is taking impaired driving enforcement as we head into 2026. Colorado Department of Transportation (CDOT)
CDOT and Colorado State Patrol data show:
- Increased patrols during key holiday enforcement periods
- DUI arrests remain high even with education and prevention efforts
- Officers are watching not just alcohol but cannabis and drug impairment as well
- Even a BAC below 0.05% can still lead to arrest if impairment is evident to an officer, particularly with mixed substance use
The cumulative result? More DUI traffic stops, more chemical tests, and more prosecutions. If you are pulled over for DUI, you want the best defense possible.
6. Collateral Consequences Remain Severe — and Enforcement Is Year-Round
The statutory penalties for DUI in Colorado remain intact for 2026, including:
- jail time,
- fines,
- community service,
- license suspension, and
- ignition interlock requirements
Even without major statutory change next year, the practical experience of facing a DUI charge in Colorado continues to carry significant life impacts.
And because enforcement patterns are intensifying — including checkpoints, saturation patrols, and coordinated interagency campaigns — more individuals find themselves charged during holidays and peak travel periods. Colorado Department of Transportation
How Pav Law Can Help You With DUI Defense in Colorado in 2026
If you or someone you love is facing a DUI or DWAI charge — especially under the increased enforcement focus that comes with the new year — expert legal representation matters.
At Pav Law, we help:
- explain your rights under Colorado’s DUI statutes,
- guide you through DMV administrative hearings,
- develop strategic defenses based on your case facts,
- and navigate sentencing and potential mitigation options.
Facing a DUI? Don’t wait. Contact Pav Law today to protect your future.
