Colorado Driving Laws: Speed, Phones, DUI, and Insurance

Colorado driving laws set the rules for speed, phone use, seat belts and child seats, winter tire equipment, impaired driving, insurance, and the points that can cost you your license. Several of those rules changed on January 1, 2025, so even longtime Colorado drivers have new obligations to track. Here is what applies when you get behind the wheel in the state.

Speed Limits Depend on Conditions, Not Just the Sign

Colorado follows a “reasonable and prudent” standard. You must adjust your speed to match current conditions no matter what the posted limit says, so driving 55 mph on black ice is illegal even where 55 is posted.¹

When no other 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 not on the interstate system
65 mph on interstate highways, freeways, and expressways

Anything above these defaults is treated as presumptive evidence that the driver was going too fast for conditions. You can rebut that presumption, but the burden shifts to you to prove the speed was reasonable.¹

Hands-Free Phone Use Is Now Required

As of January 1, 2025, Colorado is a hands-free state. SB24-065 rewrote the distracted driving statute to prohibit all drivers from using a mobile electronic device while operating a vehicle on a public road.² “Using” a device includes holding it to make a call, reading or sending texts, and watching video that isn’t navigation-related.³

You can still use your phone through a hands-free accessory, a built-in vehicle system, or a single earbud. The law doesn’t apply while your vehicle is lawfully parked or stopped on a shoulder, and it exempts emergency calls, first responders on duty, and utility workers responding to emergencies.

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

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

A first-time violation can be dismissed once if you show proof of buying a hands-free accessory and sign a sworn statement that you haven’t used this dismissal option before.³

Seat Belts and Child Restraints

Every driver and front-seat passenger must wear a seat belt. For adults, this is a secondary offense, so an officer can’t pull you over solely for an unbuckled belt; the ticket comes after a stop for a separate violation.⁴ Drivers are also responsible for any passenger under 16 who isn’t properly restrained.

Child restraints are a different story. An officer can stop you specifically for an unrestrained child, and the requirements were updated effective January 1, 2025 to raise the rear-facing age from one year to two and adjust weight thresholds.⁵ The current rules are:

Under 2 years old: rear-facing car seat in the back seat. Children under 40 pounds must use a rear-facing seat; those 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. Once a child turns nine, the standard seat belt rules apply.⁶

Keep Right and Move Over

On any highway where the speed limit is 65 mph or higher, you must stay out of the left lane unless you are actively passing, turning left, or unable to safely merge right because of traffic volume.⁷ Cruising in the passing lane is a class A traffic infraction and gets enforced on I-70 and I-25 more than drivers expect.

When you approach a stationary emergency vehicle, tow truck, utility vehicle, or any vehicle with hazard lights on, you must move at least one lane away if you can. If you can’t safely change lanes, slow to 25 mph or less where the posted limit is under 45 mph, or at least 20 mph below the posted limit where it is 45 mph or higher.⁸

Penalties escalate quickly. A basic violation can bring a fine up to $300 and up to 90 days in jail. Causing bodily injury turns it into a class 1 misdemeanor with fines up to $5,000 and 6 to 18 months of possible jail time. Causing a fatality is a class 6 felony.

Winter Traction and Chain Laws

The Colorado Department of Transportation activates equipment restrictions when mountain roads deteriorate. Two levels matter for passenger drivers.

Traction Law (Code 15)

When 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 bearing the mountain-snowflake symbol. All tires must have at least 3/16-inch tread depth.⁹ On the I-70 corridor west of Morrison and other western-slope highways, these requirements apply automatically from September 1 through May 31 for commercial vehicles over 16,001 pounds, and CDOT can activate them for all vehicles whenever conditions warrant.

Chain Law (Code 16)

In severe storms, CDOT can escalate to the Chain Law, requiring every vehicle to have chains or an approved traction device on at least two drive tires. Four-wheel drive alone is not enough at this level.

Failing to comply with either restriction costs $100 plus a $33 surcharge. If your vehicle stalls and blocks a travel lane because of inadequate equipment, the penalty rises to a $500 fine plus a $157 surcharge.¹⁰

DUI and DWAI

Colorado splits impaired driving into two tiers, both criminal.

A BAC above 0.05 but below 0.08 creates a legal inference of Driving While Ability Impaired (DWAI). You can be charged even without a breath test if an officer observes impaired behavior.¹¹ A first-time DWAI carries 2 to 180 days in jail, a fine between $200 and $500, and 24 to 48 hours of community service.¹²

A BAC of 0.08 or higher triggers a DUI per se charge. A first DUI conviction 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.¹² A fourth DUI or DWAI, counting any combination of the two, becomes a class 4 felony.¹¹

By driving on Colorado roads, you have already given implied consent to a chemical test of your blood, breath, saliva, or urine if an officer has grounds to suspect impairment. Refusing triggers automatic license revocation: one year for a first refusal, two for a second, and three for a third or later refusal. That revocation is administrative and stands separately from anything that happens in criminal court, so you can lose your license even if the DUI charge is later reduced or dismissed.¹³

Minimum Auto Insurance

Every vehicle owner who drives or allows driving on Colorado roads must carry liability insurance.¹⁴ The minimum limits, commonly 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

Insurers must also offer uninsured and underinsured motorist (UM/UIM) coverage with every policy. You can reject UM/UIM in writing, and once you do, the insurer isn’t required to offer it again at renewal.¹⁵ You must carry proof of insurance at all times, and driving without it can result in fines and license suspension under Colorado’s Motor Vehicle Financial Responsibility Act.

Points and License Suspension

Colorado assigns points to your record for each traffic conviction, and hitting certain totals triggers suspension. The thresholds depend on your age:

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

Points count from the date of the violation, not the conviction date, which surprises drivers when an older ticket finally clears court.¹⁶ Common violations add up fast: speeding 10 to 19 mph over the limit is typically 4 points, careless driving is 4, reckless driving is 8, and a DUI or DWAI conviction alone adds 12, which is enough on its own to trigger suspension for an adult driver.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 42-4-1013 – Passing Lane – Definitions – Penalty
8
Justia Law. Colorado Code 42-4-705 – Operation of Vehicles Approaching Stationary Emergency Vehicles
9
FindLaw. Colorado Code 42-4-106 – Who May Restrict Right to Use Highways – Definitions – Rules
10
Colorado Department of Transportation. Passenger Vehicle Traction and Chain Laws
11
Justia Law. Colorado Code 42-4-1301 – Driving Under the Influence – Driving While Impaired – Definitions – Penalties
12
Justia Law. Colorado Code 42-4-1307 – Penalties for DUI and DWAI
13
Justia Law. Colorado Code 42-2-126 – Revocation of License Based on Administrative Determination
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