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Penalties for Driving Without Insurance in Colorado

Posted on by susandeschler

KEY TAKEAWAYS

  • What are the penalties for driving without insurance in Colorado?
    • Driving without insurance in Colorado is a class 1 misdemeanor traffic offense. Penalties may include fines starting at $500, license suspension, four points on your driving record, possible community service, higher insurance costs, and personal liability for damages in an accident.
  • What Courts Consider When Deciding Penalties:
    • Whether it’s a first-time or repeat offense
    • Involvement in an accident while uninsured
    • Driving with a suspended or revoked license
    • Providing false proof of insurance
    • Operating a commercial vehicle without coverage
    • Outstanding fines or prior traffic violations

Penalties for Driving Without Insurance in Colorado

If you drive without insurance in Colorado, you could face serious legal and financial consequences. Colorado requires all drivers to carry minimum coverage. What happens if you drive without insurance depends on the circumstances. Failing to maintain minimum insurance can lead to fines, disruptions to driving privileges, extensive expenses, and even criminal consequences.

At The Law Offices of Susan Deschler, we understand how overwhelming it can be to face criminal or traffic charges in Colorado. Led by seasoned defense attorney Susan Deschler, our firm focuses on protecting your rights and minimizing the impact of criminal accusations, including those involving driving without insurance. We provide experienced, client-focused legal representation designed to help you confidently move forward.

Do You Have to Have Car Insurance in Colorado?

So, do you have to have car insurance in Colorado? Yes. State law requires every driver—anyone who operates a motor vehicle on public Colorado roads, regardless of whether the car is registered in Colorado—to carry liability insurance. Minimum required coverage includes:

  • $15,000 for property damage per accident;
  • $25,000 for death or bodily injury of 1 person; and
  • $50,000 for death or bodily injury of 2 or more people.

You must be able to show proof of insurance when requested by law enforcement.

What Happens If You Drive Without Insurance?

Driving without insurance is considered a serious traffic offense in Colorado. If you are pulled over and cannot provide valid proof of insurance or are involved in an accident and cannot prove you are uninsured, you could face criminal penalties and administrative consequences affecting your driving privileges.

What Is the Charge for Driving Without Insurance?

Given it is a traffic offense, what is the charge for driving without insurance? Colorado splits traffic offenses into traffic infractions (class A and class B) and misdemeanor traffic offenses (class 1 and class 2). Generally:

  • Infractions are less serious than offenses,
  • Class B infractions are less serious than class A infractions, and
  • Class 2 offenses are less serious than class 1 offenses.

Driving without insurance, a violation of Colorado’s compulsory insurance requirement, is a class 1 misdemeanor traffic offense. This offense is at the higher level of traffic offenses, with potential criminal and administrative consequences.

Administrative Consequences

In addition to court-imposed consequences, the Colorado Division of Motor Vehicles (DMV) tracks and manages driving records using a points system. The DMV adds points to your record following your conviction of a traffic violation.

The Colorado DMV may suspend or revoke your license if you accumulate too many points. How many points you need to accumulate before you lose your license varies by age:

  • Adult drivers (21 and older)—18 points within 24 months or 12 points within 12 months;
  • Young adult drivers (18 to 20 years old)—9 points in 12 months, 12 points in 24 months, or 14 points total between the ages of 18 and 21; and
  • Drivers under 18 years old—6 points in 12 months or 7 points total before turning 18.

When a driver reaches or exceeds the point threshold, the DMV may initiate a hearing process to determine whether to suspend their license. These administrative actions are separate from any criminal penalties imposed by a court, which means you could face a license suspension even if you resolve the criminal side of your case.

Penalties for First-Time Offenses

If you are convicted or plead guilty to driving without insurance, penalties include:

  • A minimum $500 fine;
  • Four points to your driving record; and
  • License suspension until you obtain insurance, provide proof of insurance, and pay a reinstatement fee.

The court may also require you to obtain a special certificate proving you have a three-year high-risk insurance policy.

Multiple Offense Penalties

A conviction of driving without insurance within five years of a previous conviction of the same offense may subject you to:

  • A minimum $1,000 fine;
  • Four points on your license;
  • License suspension for a minimum of four months; and
  • Up to 40 hours of mandatory community service.

Committing a third or subsequent offense can lead to higher fines, increased community service, possible jail time, an increased likelihood that the court will require you to get high-risk insurance, and a more difficult and expensive reinstatement process.

Additional Consequences

Additional consequences of driving without insurance convictions include:

  • Increased insurance premiums once coverage is reinstated,
  • Difficulty registering a vehicle without proof of insurance, and
  • Potential impact on employment.

Crucially, you may be personally liable for any harm that occurred while you were driving without insurance. Being personally liable means that someone you caused harm to may attempt to recover damages for injuries or property damage directly from you, which can lead to serious financial difficulties.

Factors That Affect Penalties

Many factors can influence the harshness of penalties you face for driving without insurance in Colorado. Factors that may lead to harsher penalties (“aggravating factors”) include:

  • Repeat offenses or prior traffic violations,
  • Involvement in an accident,
  • Driving with a suspended or revoked license,
  • Providing false proof of insurance,
  • Operating a commercial vehicle without insurance, and
  • Having outstanding fines or warrants related to previous offenses.

In some cases, the court may also consider circumstances that reduce the severity of your sentence (“mitigating factors”). Such factors may include financial hardship or recent changes in coverage.

Getting Charges Dismissed or Reduced

In some cases, you may be able to have a charge for driving without insurance dismissed if you can prove that you were insured at the time of the incident, even if you did not have the documentation with you during the traffic stop.

Even if you were not insured at the time, taking corrective steps can still help you reduce the consequences of the charge. If you obtain valid insurance after receiving the citation and present proof of your new coverage to the court, the government may reduce the mandatory fine associated with the charge.

How We Can Help

If the state has charged you with driving without insurance, The Law Offices of Susan Deschler can help you understand your options and work to protect your rights. We can:

  • Investigate whether the stop or citation was procedurally and constitutionally allowed;
  • Present evidence that you had insurance at the time of the incident;
  • Negotiate with prosecutors to try to convince them to reduce or drop charges;
  • Argue for alternative sentencing, such as community service;
  • Help you reinstate your license and comply with DMV requirements; and
  • Ensure you meet court deadlines.

You do not have to navigate the legal system alone. At The Law Offices of Susan Deschler, we focus on helping individuals facing criminal and traffic charges throughout Colorado. Our firm provides personalized representation designed to minimize penalties and protect your future. We take the time to understand your unique situation and build a strategy that gives you the best chance at success. Contact us today to schedule a consultation.

Resources:

  • Proof of financial responsibility required – suspension of license, C.R.S. § 42-4-1410 (2025), link.

How Long Does a DWAI Stay on Your Record in Colorado?

Posted on by susandeschler

How Long Does a DWAI Stay on Your Record in Colorado?

A DWAI conviction does not just come with immediate penalties—it stays with you. Whether this is your first arrest or part of a more extensive record, the long-term impact can affect everything from job applications to car insurance rates. You might wonder how long the charge lingers and whether there is a way to remove it from your record. However, a DWAI remains on your criminal and driving record indefinitely unless very narrow legal conditions exist.

Does a DUI Stay on Your Record Permanently?

Does a DUI stay on your record, and if so, for how long?

Unfortunately, the answer is yes; under Colorado law, a DUI conviction generally stays on both your criminal and driving record for life. Please note that we are specifying convictions. If your case gets dismissed and you never get convicted, you can get the fact that you were charged with DUI removed from your criminal record.

However, a DUI conviction can only be removed from your record in extremely rare cases—typically if the conviction was entered in error, overturned on appeal, or vacated due to a legal defect. Standard expungement or sealing laws do not apply to DUI convictions because they involve alcohol-related traffic offenses. That means, in the vast majority of cases, once the court finalizes the judgment, it becomes part of your public history and stays that way.

For many people, the real impact begins after the court case ends. Employers, landlords, and licensing agencies may conduct background checks years later. Even if the court-imposed sentence was relatively light, some consequences could materialize long after you complete your sentence.

How Long Does a DWAI Stay on Your Record in Colorado?

A driving while ability impaired (DWAI) conviction requires a lower blood alcohol content than a DUI. Much like a DUI conviction, a DWAI conviction does not expire on its own. Once entered, it stays on your record unless a court seals or overturns it—options rarely available under Colorado law. Even for first-time offenses with no injury, low BAC, or other aggravating details, the record typically remains permanent.

For driving purposes, the Department of Revenue tracks DWAI convictions and adds points to your license. Those points remain visible for seven years, but the underlying conviction stays longer. Insurance companies may consider that history for an extended period, depending on their internal policies. In short, the criminal record is permanent, and the DMV record can affect your driving status for years.

Why the Difference Between DWAI and DUI Matters

Some people assume that because DWAI charges are less serious than DUI, they carry fewer long-term consequences. That assumption can lead to costly mistakes. A DWAI still results in a criminal misdemeanor conviction and leaves a record that shows up in most background searches for life.

Courts also treat prior DWAIs as priors for future DUI sentencing. If you face a second charge down the road—even if the first was for DWAI—you may face mandatory jail and other enhancements. In this way, one DWAI conviction can follow you into any future alcohol- or drug-related driving case.

If you are eligible for specific professional licenses or certifications, that record could cause delays or disqualifications. That makes it especially important to understand the actual weight of a DWAI conviction, not just the initial sentence.

Does DWAI Show Up on Background Check Reports?

If you apply for a job, housing, or government clearance, there is a strong chance your DWAI conviction will appear. Most private employers use background check services that include both court records and driving histories. A misdemeanor tied to alcohol and driving tends to carry weight in these reviews and is rarely dismissed as insignificant.

Even after several years, the conviction remains searchable unless sealed—which is almost never an option in these cases, as mentioned above. A single DWAI on your record may raise red flags if you work in transportation, healthcare, law enforcement, or another field involving public safety.

Can You Ever Seal or Expunge a DWAI in Colorado?

Colorado law does not allow for sealing or expunging adult DWAI convictions in nearly all cases. Traffic offenses involving alcohol or drugs are excluded from most record relief provisions. A DWAI might only be removed if the conviction was entered in error, successfully appealed, or overturned for a legal violation.

This limitation surprises many people—especially those who pled guilty years ago, thinking they could eventually move on. In reality, that record stays available to courts, licensing agencies, and background check services indefinitely.

You may have more options if you were charged with DWAI but never convicted—either because the case was dismissed or you were found not guilty. In those cases, sealing the arrest and court record may be possible. However, the rules are strict, and the process often requires legal guidance.

Collateral Effects of a DWAI Conviction

The legal consequences may initially seem limited—especially if you avoided jail or kept your license. However, the broader impact often shows up in unexpected places. After a DWAI conviction, you may face:

  • Increased insurance premiums,
  • Loss of professional opportunities,
  • Difficulty renting certain housing,
  • Travel restrictions to some countries, and
  • Mandatory reporting to licensing boards.

Even volunteer programs or graduate schools may ask about prior criminal convictions. Since Colorado classifies DWAI as a criminal misdemeanor, you are typically required to answer “yes” when asked if you have been convicted of a crime. This is true unless the charge was dismissed or resolved without a conviction.

These secondary consequences often create more lasting challenges than the criminal consequences themselves. Therefore, anyone facing a DWAI charge should understand that the outcome can affect far more than just their criminal history.

Do Not Let a DWAI Conviction Become a Permanent Part of Your Record

In Colorado, a DWAI does not fade with time—it stays on your criminal and driving record for life. That one conviction can affect your job prospects, insurance rates, and housing applications and can even carry future legal consequences. If you are facing a DWAI charge, you still have a chance to change the outcome. At The Law Offices of Susan Deschler, we focus on defending people like you from the life-altering impact of a criminal conviction. We will review your case, challenge weak evidence, and fight for the best possible result. Call today for a confidential consultation. You can also reach us through our secure online contact form.

What to Do If You’re Accused of Theft

Posted on by susandeschler

KEY TAKEAWAYS

  • Can someone accuse you of theft without proof?
    • Yes, anyone can accuse you of theft, but the state cannot convict you without sufficient evidence proving guilt beyond a reasonable doubt.
  • What to Do If You’re Accused of Theft:
    • Identify the exact charges filed against you.
    • Collect all documents, records, or evidence related to the accusation.
    • Hire a criminal defense lawyer immediately.
    • Understand the severity of charges (misdemeanor vs. felony).
    • Know that prosecutors must prove guilt beyond a reasonable doubt with credible evidence.
    • Explore possible defenses, such as lack of intent, mistaken identity, or violation of your rights.

What to Do If You’re Accused of Theft

Facing a theft accusation can be a confusing and distressing experience, especially if there is no clear evidence against you. So, can someone accuse you of stealing without proof? The short answer is yes. Anyone can make an accusation. But, to convict someone of theft, the state must present sufficient evidence that proves your guilt beyond a reasonable doubt. An accusation alone will rarely, if ever, be enough proof to convict you.

At The Law Offices of Susan Deschler, we know that criminal charges can disrupt every part of your life. Our firm defends individuals in Colorado who face criminal accusations, including theft. We provide strategic defense planning and compassionate guidance throughout the legal process.

What Happens If You Are Accused of Theft?

What happens if you are accused of theft depends on what you have been charged with doing and what the state government does with the accusation. When the state learns about a potential crime, police officers kick off the criminal justice process.

Investigation and Arrest

Depending on the credibility of an accusation, law enforcement may arrest you right away or collect evidence, interview witnesses, and request surveillance footage first. If the state believes it has probable cause—reasonable grounds to suspect you committed a crime—law enforcement may arrest you or issue a summons. A summons is a written notice ordering you to appear in court without first being arrested.

Booking and First Court Appearance

If arrested, the police book you by recording your arrest, taking fingerprints, and gathering identifying information. You may be released on bail or held until your first court appearance. A judge informs you of the charges and your rights at that hearing.

Pretrial Phase

Once you know your charges, your attorney can file motions, examine evidence, and negotiate with the prosecutor. For example, your lawyer may file a motion to suppress, which is a formal request to exclude evidence obtained in violation of your rights. During this phase, you may reach a plea deal, convince the state to drop or reduce charges, or prepare for trial.

Trial and Sentencing

If your case goes to trial, the prosecution must prove you committed the specific offense or offenses charged beyond a reasonable doubt. You can offer evidence through your lawyer and point out contradictions or holes in the state’s evidence.

At the end of the trial, a judge or jury issues a guilty or not guilty verdict. A guilty verdict results in your conviction of the offense. Next, the judge determines your sentence, which may include jail time, fines, probation, or restitution. Depending on the circumstances, you may be able to appeal the conviction.

Confronting Theft Charges

Returning to the question, can you accuse someone of stealing without proof? You can, but the state cannot convict someone without proof. If someone accuses you of theft, take the following steps:

  • Identify what you have been charged with,
  • Gather all physical or electronic paperwork you have related to the charge, and
  • Speak with a criminal defense lawyer.

Once you hire a lawyer, you begin working together on your defense.

Theft Charges Under Colorado Law

When the state informs you of the charges against you, it must identify which offense or offenses it believes you committed. Colorado law includes several theft-related crimes, among them:

These charges range in severity. Some are misdemeanors, which may lead to fines or jail time, while others are felonies that can lead to significant fines and imprisonment. Whether the state charges you with a felony or misdemeanor generally depends on:

  • The value of goods allegedly stolen,
  • Whether you have a criminal history, and
  • Whether the alleged offense involved violence or weapons.

Sometimes, the state charges you with multiple offenses for the same incident. For example, it may charge you with both second-degree burglary and possession of burglary tools.

Evidence Needed to Prove Theft

Prosecutors must provide clear, persuasive evidence to prove you committed theft. Evidence needed to prove theft can vary, but may include:

  • Video surveillance,
  • Eyewitness testimony,
  • Possession of stolen items,
  • Digital records like texts or online activity connecting you to the theft, and
  • Bank or other transaction records.

Regardless of the type of evidence offered, the evidence must prove you committed the crime beyond a reasonable doubt for the state to convict you.

Hiring a Defense Attorney

Being accused of theft can affect your job, reputation, and freedom. But you have the right to defend yourself and the right to legal counsel.

Your defense attorney will:

  • Investigate your case thoroughly;
  • Challenge illegally obtained or unreliable evidence;
  • Draft and file legal documents;
  • Negotiate with prosecutors for reduced penalties, alternative sentencing, or dismissal; and
  • Represent you in trial, if necessary.

Hiring an experienced attorney gives you the best chance to protect your rights and minimize harm to your future.

Common Theft Defenses

Potential defenses against theft charges vary by the circumstances but may involve proving:

  • The state does not have enough evidence to prove the crime beyond a reasonable doubt;
  • You did not intend to take the property permanently;
  • Even if the crime occurred, you were not the person who committed it;
  • You had permission to take the property or believed it belonged to you; or
  • Law enforcement violated your constitutional rights to obtain evidence they are trying to use to prove you committed the crime.

To commit a crime beyond a reasonable doubt means that no reasonable person would question your guilt based on the facts presented. In short, you do not have to prove your innocence. The state has to prove your guilt.

Talk to The Law Offices of Susan Deschler

At The Law Offices of Susan Deschler, we defend clients facing theft charges across Colorado. We focus on criminal defense and offer clear guidance, innovative strategy, and fierce advocacy. Whether you are under investigation or already charged, we can help you understand what is happening and how you can respond. Contact us today to schedule a consultation.

Resources:

  • First degree burglary, C.R.S. § 18-4-202 (2025), link.
  • Third degree burglary, C.R.S. § 18-4-204 (2025), link.
  • Robbery, C.R.S. § 18-4-301 (2025), link.
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