Statute of limitations for DUI in Colorado

Rule or statute summary

Run this scenario in DocketMath using the Statute Of Limitations calculator.

Colorado DUI cases often involve two separate “time” concepts:

1. Time to start (commence) the prosecution — a limitations deadline that restricts when the state can file/commence the case, and
2. Time for the court to resolve the case after charges are pending — which is governed by different procedural rules (not the statute of limitations).

When most people ask about the statute of limitations for Colorado DUI, they typically mean the first clock: how long the prosecution has to commence a DUI case under Colorado’s criminal limitations statute. For many DUI prosecutions, DUI is charged as a misdemeanor, but in some situations it can be treated/charged as a felony, which changes the applicable limitations period.

The practical approach (how to use DocketMath)

Use DocketMath to convert the statutory time periods into a concrete “earliest/latest” date range for your timeline.

At a high level, DocketMath’s calculator is driven by:

• Offense date (the alleged incident date), and
• Charge level for limitations purposes (typically misdemeanor for standard DUI; felony if your case is charged under a felony theory or enhanced circumstances), and
• Any tolling/extension flags the tool supports, based on Colorado’s limitations tolling provisions.

Gentle disclaimer: This is general information about Colorado’s statute of limitations framework. It’s not legal advice, and it won’t substitute for a lawyer’s review of how your particular DUI is charged and whether any tolling or “commencement” rules apply.

Citations

Use these sources to confirm the authoritative text before finalizing the calculation.

• Colo. Rev. Stat. § 13-80-101

If an assumption is uncertain, document it alongside the calculation so the result can be re-run later.

Capture the source for each input so another team member can verify the same result quickly.

1) General statute of limitations for misdemeanors (common DUI charge)

Colorado’s general criminal statute of limitations provides that a prosecution for a misdemeanor must be commenced within 18 months.

• C.R.S. § 16-5-401(1)(b) — misdemeanors: 18 months

2) General statute of limitations for felonies (if DUI is charged as a felony)

If the DUI is prosecuted as a felony, the limitations period is longer.

• C.R.S. § 16-5-401(1)(a) — felonies: 3 years

3) When the prosecution is “commenced” (starting the limitations analysis)

Colorado’s limitations statute also addresses when a prosecution is considered commenced for limitations purposes—important because “filing” and “service” concepts can matter.

• C.R.S. § 16-5-401(3) — commencement concepts for limitations

4) Tolling rules (pauses/extension events)

Colorado law includes circumstances that can extend the limitations period (commonly referred to as tolling in plain English).

• C.R.S. § 16-5-401(4) — tolling/extension provisions

Common pitfall to watch: People often count from the arrest date or from when evidence was discovered. Colorado’s limitations analysis is typically tied to the offense date, and then adjusted based on what counts as “commencement” and whether tolling applies under C.R.S. § 16-5-401(3)–(4).

Use the calculator

Use DocketMath — Statute of Limitations Calculator (US-CO) here:

• /tools/statute-of-limitations

Run the Statute Of Limitations calculation in DocketMath, then save the output so it can be audited later: Open the calculator.

When rules change, rerun the calculation with updated inputs and store the revision in the matter record.

Inputs you’ll typically enter

Before you calculate, make sure the tool’s inputs match your situation:

• Offense date: the alleged DUI incident date
• Charge level for limitations purposes: usually misdemeanor or felony
• Tolling flags (if the calculator supports them): select only if they reasonably apply based on C.R.S. § 16-5-401(4) and any related “commencement” logic in **C.R.S. § 16-5-401(3)

How the output changes when inputs change

DocketMath’s results generally follow the statutory time periods and then incorporate adjustments for commencement/tolling:

If your DUI is treated as a misdemeanor

• Baseline limitations window: 18 months from the offense date (subject to adjustments based on C.R.S. § 16-5-401(3)–(4))
• Changing the offense date by 1 day typically shifts the computed deadline by about 1 day (before tolling adjustments)

If your DUI is treated as a felony

• Baseline limitations window: 3 years from the offense date (subject to C.R.S. § 16-5-401(3)–(4))
• Moving from misdemeanor (18 months) to felony (3 years) increases the baseline runway by about 18 more months, before tolling/commencement effects

Quick example timeline (illustrative, not legal advice)

Assume an alleged DUI occurred on January 15, 2024:

• Misdemeanor baseline (18 months): July 15, 2025 (then adjust in the calculator for commencement/tolling rules)
• Felony baseline (3 years): January 15, 2027 (then adjust in the calculator for commencement/tolling rules)

For an accurate cutoff consistent with DocketMath’s logic, enter the actual dates into the calculator rather than relying on mental math.

Want a fast workflow?

1. Open /tools/statute-of-limitations
2. Select Colorado (US-CO)
3. Enter the offense date
4. Choose misdemeanor vs felony based on the way the DUI is charged/treated for limitations
5. Apply any tolling inputs supported by the tool
6. Save the tool’s “latest permissible commencement” date for your case timeline

Related reading

• Choosing the right statute of limitations tool for Vermont — How to choose the right calculator
• Statute of limitations in Singapore: how to estimate the deadline — Full how-to guide with jurisdiction-specific rules
• Choosing the right statute of limitations tool for Connecticut — How to choose the right calculator