Colorado DUI Statute of Limitations: Misdemeanor, Felony, Tolling

In Colorado, the DUI statute of limitations gives prosecutors 18 months from the date of the offense to file charges for a misdemeanor DUI, DUI per se, or Driving While Ability Impaired. That window stretches to three years for most felony DUIs, five years when a death is involved, and up to ten years when a fatal DUI also involves leaving the scene.¹

The 18-Month Window for Misdemeanor DUI

Colorado Revised Statutes Section 16-5-401 sets the limitations period for criminal offenses. A first-time DUI, DUI per se, and DWAI are all misdemeanors, and all carry the same 18-month deadline.¹

The clock starts on the date of the alleged offense, not the date of your arrest or the date paperwork reaches the court. If you were pulled over on March 1, 2025, prosecutors have until September 1, 2026, to file charges. The deadline applies to filing only. Once charges are on the docket, the 18-month limit is satisfied even if the trial does not happen for months after that.

DUI is not treated as a standard misdemeanor traffic offense under Colorado law. Class 1 and class 2 misdemeanor traffic offenses carry a one-year statute of limitations, but DUI falls under its own penalty structure in Section 42-4-1307, which is why the longer 18-month window applies.¹

When a DUI Is a Felony and the Deadline Grows

A DUI becomes a class 4 felony when you have three or more prior convictions for DUI, DUI per se, DWAI, vehicular assault, or vehicular homicide in any combination. The fourth qualifying offense triggers felony treatment, and the priors do not have to be recent or from Colorado.²

A DUI can also be charged as a felony based on what happens during the incident itself. Causing serious bodily injury while impaired is vehicular assault, a class 4 felony under Section 18-3-205. Causing a death while impaired is vehicular homicide, a class 3 felony under Section 18-3-106.³

Each category has its own filing deadline:

Fourth-offense felony DUI and vehicular assault: three years from the date of the offense.
Vehicular homicide: five years.
Vehicular homicide combined with leaving the scene, charged together as part of the same incident: ten years.¹

The ten-year window acknowledges that hit-and-run fatalities often take years to solve, giving investigators time to track down surveillance footage, vehicle parts, or DNA evidence before identifying a suspect.

Leaving Colorado Can Pause the Clock

Colorado law pauses the statute of limitations while you are outside the state. This is called tolling, and the time you spend away does not count toward the deadline. If you leave six months after the offense and return a year later, the clock resumes at the six-month mark.¹

Tolling has a ceiling. No more than five years of absence can be excluded, regardless of how long you actually stay away.¹ For a misdemeanor DUI, that caps the absolute maximum filing window at six and a half years: the original 18 months plus five years of tolling.

The 7-Day License Deadline Is a Different Clock

The statute of limitations only governs criminal charges. A DUI arrest in Colorado also triggers an administrative process at the Department of Revenue, and that process moves on a much shorter schedule. Under the Express Consent law, you have seven days from receiving the notice of revocation to request an administrative hearing. Miss that deadline and you waive the right to challenge the revocation of your license.⁴

The administrative revocation can proceed even if criminal charges are never filed or are later dismissed. The two tracks run independently. Anyone counting on the 18-month criminal deadline needs to understand that the seven-day license deadline is already running from the moment of arrest.

The Speedy Trial Rule Is Also Separate

Once charges are filed, a different time limit begins. Colorado’s speedy trial rule requires the prosecution to bring the case to trial within six months of a not-guilty plea. If they miss that window, the charges must be dismissed and cannot be refiled.⁵ Continuances requested by the defense do not count against the six months. The statute of limitations controls how long prosecutors can wait to file; the speedy trial rule controls how long they can take to try the case once it exists.

Raising an Expired Deadline Is on You

If the statute of limitations runs out before charges are filed, the case is over for good. A court will dismiss any charges filed after the applicable deadline, and that dismissal permanently bars prosecution for the same offense.¹

The catch: expiration is an affirmative defense, not an automatic bar. Courts do not check whether the deadline has passed on their own. If charges are filed in month 19 of an 18-month window and nobody raises the issue, the case moves forward. You or your attorney have to identify the problem and file a motion to dismiss.

1
Justia. Colorado Code 16-5-401 – Limitation for Commencing Criminal Proceedings, Civil Infraction Proceedings, and Juvenile Delinquency Proceedings
2
Justia. Colorado Code 42-4-1301 – Driving Under the Influence, Driving While Ability Impaired, and Habitual User
3
Colorado Office of Legislative Legal Services. Colorado Revised Statutes 18-3-106 – Vehicular Homicide
4
Justia. Colorado Code 42-2-126 – Revocation of License Based on Administrative Determination
5
Justia. Colorado Code 18-1-405 – Speedy Trial