Colorado Driving Laws: DUI, Chain Law, and Hands-Free Rules

Colorado driving laws cover speed, phone use, seat belts, winter equipment, impaired driving, insurance, and a point system that can cost you your license. Several of the biggest rules changed on January 1, 2025, including a statewide hands-free requirement and tougher child restraint standards. The rundown below walks through what applies to everyday drivers on Colorado roads.

Speed Limits and Driving for Conditions

Colorado uses a “reasonable and prudent” standard, which means you have to adjust your speed to current conditions no matter what the sign says. Going 55 mph on black ice is illegal where 55 is posted.¹ On a mountain highway where weather can shift in a few miles, that standard does real work.

When no sign is posted, the default statutory limits are:

20 mph on narrow or winding mountain highways and blind curves
25 mph in business districts
30 mph in residential areas
40 mph on open mountain highways
55 mph on open highways off the interstate system
65 mph on interstate highways, freeways, and expressways

Driving above a default limit is treated as presumptive evidence that you were going too fast for conditions. You can rebut that presumption, but the burden shifts to you to show the speed was reasonable.¹

Hands-Free Phone Law

Colorado became a hands-free state on January 1, 2025, when SB24-065 overhauled the distracted driving statute. All drivers are now prohibited from holding a mobile electronic device while operating a vehicle on a public road, not just from texting.² “Using” the device includes holding it to make a call, reading or sending texts, and watching video that isn’t navigation.³

A hands-free accessory, a built-in vehicle system, or a single earbud is still allowed. The ban doesn’t apply while your vehicle is lawfully parked or stopped on a shoulder, and emergency calls are exempt.

Fines escalate with repeat offenses in a rolling 24-month window:

First offense: $75 fine, $10 surcharge, and 2 points
Second offense: $150 fine, $10 surcharge, and 3 points
Third or later offense: $250 fine, $10 surcharge, and 4 points

A first violation can be dismissed if you show proof of buying a hands-free accessory and sign a sworn statement that you haven’t used this dismissal before.³ It’s a one-time option, so a phone mount is the better plan.

Seat Belts and Child Restraints

Every driver and front-seat passenger must wear a seat belt. For adults, this is a secondary offense: an officer can’t pull you over for a seat belt alone, only add the ticket when you’ve been stopped for something else.⁴ Drivers are responsible if any passenger under 16 isn’t properly restrained.

Child passenger safety is a primary offense, meaning an officer can stop you specifically for an unrestrained child. The requirements changed on January 1, 2025, raising the rear-facing age from one to two years.⁵ The current rules:

Under 2 years old: rear-facing car seat in the back seat. Children under 40 pounds use a rear-facing seat; children 40 pounds or more may use rear-facing or forward-facing.
Ages 2 through 3 (at least 20 pounds): rear-facing or forward-facing car seat, in the back seat when one is available.
Ages 4 through 8 (at least 40 pounds): a child restraint system or booster seat, in the back seat when available.

All children under nine must be in some form of child restraint. Standard seat belt rules apply once a child turns nine.⁶

Winter Traction and Chain Law

Colorado’s mountain corridors see some of the worst winter driving in the country, and the Colorado Department of Transportation activates equipment restrictions when conditions warrant.

Traction Law (Code 15)

When the Traction Law is active, your vehicle must have one of the following: tire chains or an approved traction device, four-wheel or all-wheel drive with adequate tires, or tires rated M+S (mud and snow) or carrying the mountain-snowflake symbol. All tires must have at least 3/16-inch tread depth.⁷ On the I-70 corridor west of Morrison and other western-slope highways, these rules apply automatically from September 1 through May 31 for commercial vehicles over 16,001 pounds, and CDOT can activate them for all vehicles any time.

Chain Law (Code 16)

During severe storms CDOT can escalate to the Chain Law, which requires every vehicle to carry chains or an approved traction device on at least two drive tires. Four-wheel drive alone isn’t enough under Code 16. Activations happen several times each winter on I-70 through the Eisenhower Tunnel and other high passes.

The fine for violating either restriction is $100 plus a $33 surcharge. If your vehicle stalls and blocks a travel lane because of inadequate equipment, the penalty jumps to a $500 fine plus a $157 surcharge.⁸

DUI, DWAI, and Implied Consent

Colorado splits impaired driving into two tiers, and both are criminal charges.

DWAI

A BAC above 0.05 but below 0.08 creates a legal inference that your ability to drive was impaired. You can be charged with DWAI without a breath test if an officer observes impaired behavior.⁹ A first conviction carries 2 to 180 days in jail, a fine of $200 to $500, and 24 to 48 hours of community service.¹⁰ It’s a misdemeanor that shows up on background checks.

DUI

A BAC of 0.08 or higher triggers a DUI per se charge: the number alone supports conviction regardless of how you were driving.⁹ A first DUI brings 5 days to one year in jail, a fine of $600 to $1,000, and 48 to 96 hours of community service. If your BAC was 0.20 or higher, the mandatory minimum jail sentence doubles to 10 days.¹⁰ A fourth DUI or DWAI conviction, counting any combination of the two, becomes a class 4 felony.

Chemical Test Refusal

By driving on Colorado roads you’ve already given implied consent to a chemical test of blood, breath, saliva, or urine when an officer has grounds to suspect impairment. Refusing triggers an automatic license revocation of one year for a first refusal, two years for a second, and three years for a third or later refusal.¹¹ That revocation is administrative and separate from criminal court, so you can lose your license even if the DUI itself is reduced or dismissed.

Keep Right and Move Over

On any highway where the speed limit is 65 mph or higher, you have to stay out of the left lane unless you’re actively passing, turning left, or unable to safely merge right because of traffic. Cruising in the passing lane is a class A traffic infraction.¹² Enforcement is more active on I-70 and I-25 than most drivers assume.

When you approach a stationary emergency vehicle, tow truck, utility vehicle, or any vehicle with hazard lights on, you have to move at least one lane away if possible. If you can’t safely change lanes, slow down to 25 mph or less when the posted limit is under 45 mph, or to at least 20 mph below the posted limit when it’s 45 mph or higher.¹³ A basic violation can bring a fine up to $300 and up to 90 days in jail. Causing bodily injury raises it to a class 1 misdemeanor with fines up to $5,000 and jail time of 6 to 18 months.

Required Insurance

Every vehicle owner who drives or allows driving on Colorado roads must carry liability insurance.¹⁴ The state minimums, often called 25/50/15, are:

$25,000 for bodily injury per person
$50,000 for total bodily injury per accident
$15,000 for property damage per accident

These are bare minimums. A serious crash in the Denver metro area can easily produce bills that exceed them, leaving you personally liable for the difference. Colorado insurers must also offer uninsured and underinsured motorist (UM/UIM) coverage with every policy, which protects you when the at-fault driver has no insurance or not enough. You can reject UM/UIM in writing, and once rejected, your insurer isn’t required to offer it again at renewal.¹⁵

You have to carry proof of insurance in the vehicle. Driving without it can trigger fines and license suspension under the Motor Vehicle Financial Responsibility Act.

Points and License Suspension

Colorado assigns points to your driving record for each traffic conviction, and accumulating too many triggers suspension. The thresholds depend on your age:

Adults 21 and older: 12 points in any 12-month period, or 18 in any 24-month period
Ages 18 to 20: 9 points in 12 months, 12 in 24 months, or 14 total after turning 18
Under 18: 6 points in any 12 months, or more than 6 total before turning 18

Points are counted from the date of the violation, not the conviction date, which catches drivers off guard when older tickets finally close out in court.¹⁶

Common point values show how fast the total adds up. Speeding 10 to 19 mph over the limit is typically 4 points. Careless driving is 4. Reckless driving is 8. A DUI or DWAI conviction adds 12 points on its own, which alone meets the suspension threshold for an adult.¹⁷

1
FindLaw. Colorado Revised Statutes Title 42 42-4-1101 – Speed Limits
2
Colorado General Assembly. SB24-065 Mobile Electronic Devices and Motor Vehicle Driving
3
Justia Law. Colorado Code 42-4-239 – Use of a Mobile Electronic Device – Definitions – Penalty
4
FindLaw. Colorado Code 42-4-237 – Safety Belt Systems – Mandatory Use – Exemptions – Penalty
5
Colorado General Assembly. HB24-1055 Child Passenger Safety and Education
6
FindLaw. Colorado Code 42-4-236 – Child Restraint Systems Required – Definitions – Exemptions – Penalty
7
FindLaw. Colorado Code 42-4-106 – Who May Restrict Right to Use Highways – Definitions – Rules
8
Colorado Department of Transportation. Passenger Vehicle Traction and Chain Laws
9
Justia Law. Colorado Code 42-4-1301 – Driving Under the Influence – Driving While Impaired – Definitions – Penalties
10
Justia Law. Colorado Code 42-4-1307 – Penalties for DUI and DWAI
11
Justia Law. Colorado Code 42-2-126 – Revocation of License Based on Administrative Determination
12
FindLaw. Colorado Code 42-4-1013 – Passing Lane – Definitions – Penalty
13
Justia Law. Colorado Code 42-4-705 – Operation of Vehicles Approaching Stationary Emergency Vehicles
14
FindLaw. Colorado Code 10-4-619 – Coverage Compulsory
15
Justia Law. Colorado Code 10-4-609 – Insurance Protection Against Uninsured Motorists
16
Justia Law. Colorado Code 42-2-127 – Authority to Suspend or Deny License
17
Colorado Department of Revenue. Point Suspensions