As a college student, it’s important to know your legal rights, including those regarding drug or alcohol use. While it is illegal to use alcohol or other drugs if you are under the age of 21, anyone who operates a vehicle while intoxicated can receive a ticket or criminal charge.
Tips for interacting with the police generally
When you interact with the police, it is best to be polite and respectful. Know that the police officer is assessing your words, movements, body language and emotions. However, other than providing your name, other identifying information and, if driving, the vehicle registration and proof of insurance, you may decline a request from an officer. Be firm but polite when declining an officer’s request. For example, you can say “No thanks” or “I do not consent.”
Keep these things in mind when interacting with the police:
- Do not get into an argument with the officer.
- Do not try to bribe, touch or run away from the officer.
- Do not tell the officer that you know your rights or that you have family members or friends in positions of power.
- Do not physically resist or interfere with the officer. Even if you believe you are innocent, you can be arrested and charged for doing so.
Bad behavior by a police officer can be challenged later. The overall takeaway is to remember that you want to limit the amount of trouble you are in and stay safe when interacting with the police. Check out other tips for interacting with police in Colorado.
Tips if the police pull you over
If the police pull you over for any reason, even if you’re the designated sober driver, remember that your safety is the top priority. Have your driver’s license, registration and proof of insurance ready when the officer comes to your window. Remember to keep your hands where the officer can see them, and do not make sudden movements.
Other than providing your license, registration and proof of insurance, you may decline to provide any information to law enforcement.
Here are other things you do not have to do:
- You don’t have to share what you have consumed, including food, beverages or medications.
- You do not have to explain why or where you are driving.
- You do not have to answer questions about the reason for the stop. For example,
- “why is your taillight out” or “were you speeding?”
- You do not have to get out of the car unless a police officer tells—not asks—you to do so.
- You do not have to take any roadside sobriety tests, including a breath test from a hand-held device. Roadside sobriety tests are voluntary, and there are no consequences to a person just for declining to submit to them.
- You do not have to consent to a search of your vehicle.
Tips if the police arrest you
It is best to stay calm if you are arrested for driving while you are intoxicated. The police will ask you to take a chemical test to measure the alcohol and/or drugs in your system at a law enforcement facility or hospital, or in an ambulance. You do not have a right to talk to an attorney before deciding whether to take this test. Whatever decision you make about whether to take a chemical test, you can change your mind later if you quickly tell the officer who arrested you.
Here are other things to know if arrested:
- If you take a test after you are arrested and the result is incriminating, know that you may lose your license and that the result can be used against you.
- If you decide not to take a test, know that you will likely lose your driver’s license and that your decision not to take a test can be used against you.
- If the police officer asks if you are willing to answer questions or “reads you your rights,” tell the officer you want a lawyer. If the officer tries to get you to talk after you ask for a lawyer, do not answer any questions and keep saying you want a lawyer. If you say you want a lawyer but make statements anyway, your statements can be used against you.
- If you receive a “ticket” with a court date, you should sign the statement on it that you agree to appear in court. This is not an admission of guilt.
After being arrested, make an appointment with Student Legal Services or another experienced DUI attorney as soon as possible.
Getting a safe ride home
Before you go out, make a plan for how to get home safely. CU NightRide provides free, late-night transportation for CU Boulder students, faculty and staff within Boulder city limits. Download the CU NightRide app from the App Store or Google Play to request a ride when you need it.
If you’re outside Boulder city limits and CU NightRide isn’t an option, consider public transportation or other rideshare services. To get around the Boulder and Denver areas, your Buff OneCard gives you access to all RTD bus and rail routes. The Transit app makes it easy to track the locations of RTD buses (including the HOP) in real-time. Download Transit on Google Play or the Apple Store.
The risks of driving while intoxicated
Any amount of alcohol or other substances that impair your ability to operate a vehicle can result in a charge.
Court thresholds and consequences for driving while intoxicated (first offense)
- Under 21 years old only:
- .02 BAC = Driving Underage with Excessive Alcohol Content (UDD).
- Anyone:
- .051 BAC or affected by alcohol and/or drugs “to the slightest degree” = Driving while Ability Impaired (DWAI).
- .08 BAC OR 5ng active THC or “substantially” affected by alcohol and/or drugs = Driving Under the Influence (DUI).
- .08 BAC = Driving with excessive alcohol content (DUI per se).
Though the numerical thresholds listed here apply only to alcohol and marijuana, driving after the consumption of any intoxicating substance(s) that affect(s) a person at least to the slightest degree can result in a DWAI or DUI charge. This includes prescribed medications that are intoxicating, such as some anxiety and pain medications.
Court consequences on a DWAI or DUI first offense conviction generally include supervised probation, suspended (i.e., never served unless the person fails to comply with the rest of the sentence) jail time, community service, substance abuse evaluation, substance abuse classes, alcohol/drug testing, a victim impact panel and restitution (if applicable), as well as a fine, court fees and costs. An actual jail sentence (not suspended) is likely to be imposed if a person’s chemical test results are very high. Actual jail time is also sometimes imposed if the circumstances of a person’s case are particularly aggravated or a person refuses to take a chemical test for substances at a police station or hospital, or in an ambulance.
Court consequences for a UDD first offense conviction can include an alcohol evaluation, alcohol classes, community service and a victim impact panel, as well as a fine, court fees and costs.
DMV thresholds and consequences for driving while intoxicated (first offense)
- Under 21 years old only:
- .02 BAC = revocation of driving privilege for 3 months.
- Conviction for UDD = revocation of driving privilege for 3 months and 4 points.
- Conviction for DWAI, DUI or DUI per se = revocation of driving privilege for one year and either 8 points (DWAI) or 12 points (DUI & DUI per se).
- Anyone:
- .08 BAC = revocation of driving privilege for up to 9 months.
- .15 BAC = designation as a “Persistent Drunk Driver” (yes, even on a first offense), which generally requires a breath testing machine to be installed in the person’s car for 2 or more years.
- Conviction for DWAI = 8 points.
- Conviction for DUI or DUI per se = revocation of driving privilege for up to 9 months and 12 points.
- Declining to take an evidentiary breath test = revocation of driving privilege for up to one year.
- Note that a person who is not licensed in Colorado can still lose the privilege to drive here. In addition, loss of the privilege to drive in one state makes it illegal for the person to drive in other states.
Most DMV consequences include mandatory substance abuse classes and additional car insurance.
You should also know that riding a bike while intoxicated is treated exactly the same way as driving a car while intoxicated, except that there are no associated DMV consequences.
Resources
Whether you need legal support or substance abuse help, you can find resources at CU Boulder.
Student Legal Services (SLS)
SLS helps students resolve or minimize their legal situations so they can focus on school. High-quality legal services are available for a fraction of the cost of a private attorney to all CU Boulder students who pay student activity fees.
Collegiate Recovery Community (CUCRC)
CUCRC provides community, support and connection for students, faculty and staff in recovery or seeking recovery from a wide range of behaviors. The CUCRC is open to anyone in the CU Boulder community who is in recovery, seeking recovery or interested in being part of a recovery community, including supportive friends and allies.
Counseling and Psychiatric Services (CAPS)
CAPS offers confidential, on-campus mental health and psychiatric services for various concerns such as academics, anxiety, body image, depression, relationships, substance use and more.
Free workshops
Health Promotion offers a variety of free workshops for students to help you explore your relationship with substances. You can sign up to meet with a peer, professional staff or learn how to be a recovery ally.
Party Smart
Check out this page to learn more about how to party responsibly, respond to alcohol- or drug-related emergencies and keep your friends safe.