Colorado § 42-4-1702 Alcohol- or drug-related traffic offenses - collateral attack

Colorado Statutes

§ 42-4-1702 — Alcohol- or drug-related traffic offenses - collateral attack

Colorado § 42-4-1702

Title 42Vehicles and

Art.Regulation of Vehicles and Traffic

This text of Colorado § 42-4-1702 (Alcohol- or drug-related traffic offenses - collateral attack) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 42-4-1702 (2026).

Text

(1)No person against whom a judgment has been entered for DUI, DUI per se, DWAI, or UDD shall collaterally attack the validity of that judgment unless such attack is commenced within six months after the date of entry of the judgment.

(2)In recognition of the difficulties attending the litigation of stale claims and the potential for frustrating various statutory provisions directed at repeat offenders, former offenders, and habitual offenders, the only exceptions to the time limitations specified in subsection (1)(a) of this section are:

(a)A case in which the court entering judgment did not have jurisdiction over the subject matter of the alleged infraction;

(b)A case in which the court entering judgment did not have jurisdiction over the person of the violator;

(c)Wher

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(1)
No person against whom a judgment has been entered for DUI, DUI per se, DWAI, or
UDD shall collaterally attack the validity of that judgment unless such attack is
commenced within six months after the date of entry of the judgment.

(2) In recognition of the difficulties attending the litigation of stale claims
and the potential for frustrating various statutory provisions directed at repeat
offenders, former offenders, and habitual offenders, the only exceptions to the time
limitations specified in subsection (1)(a) of this section are:

(a) A case in which the court entering judgment did not have jurisdiction over
the subject matter of the alleged infraction;

(b) A case in which the court entering judgment did not have jurisdiction over
the person of the violator;

(c) Where the court hearing the collateral attack finds by a preponderance of
the evidence that the failure to seek relief within the applicable time period was
caused by an adjudication of incompetence or by commitment or certification of the
violator to an institution for treatment as a person with a mental health disorder; or

(d) Where the court hearing the collateral attack finds that the failure to
seek relief within the applicable time period was the result of circumstances
amounting to justifiable excuse or excusable neglect.

Legislative History

Source: L. 94: Entire title amended with relocations, p. 2417, � 1, effective January 1, 1995. L. 2006: (2)(c) amended, p. 1409, � 80, effective August 7. L. 2008: (1) amended, p. 253, � 21, effective July 1. L. 2013: (1) amended, (HB 13-1325), ch. 331, p. 1886, � 16, effective May 28. L. 2017: IP(2) and (2)(c) amended, (SB 17-242), ch. 263, p. 1381, � 307, effective May 25.