Colorado attorneys who are convicted of an alcohol-related driving offense such as Driving Under the Influence (DUI) or Driving While Ability Impaired (DWAI), are subject to mandatory reporting requirements under Colorado law. These requirements reflect the Colorado Supreme Court’s long-standing commitment to safeguarding public trust in the legal profession, promoting transparency, and ensuring that attorney misconduct—whether arising from professional activities or personal conduct—is subject to timely regulatory oversight.
The controlling authority is C.R.C.P. 242.11, which mandates reporting of criminal convictions by Colorado-licensed attorneys. A DUI, DUI per se, or DWAI offense, even from conduct outside practicing law, falls squarely within the scope of this rule.
Overview of Attorney Regulation Reporting
Colorado maintains a strict self-reporting regime for attorneys. Under C.R.C.P. 242.11(a), any Colorado attorney who is convicted of a crime has an affirmative duty to notify the Office of Attorney Regulation Counsel (OARC) in writing. The rule is intended to trigger a structured review of the underlying conduct and its implications for an attorney’s fitness to practice law.
A DUI, DUI per se, or DWAI conviction qualifies as a “criminal conviction” under the rule without exception. The reporting requirement applies regardless of whether the offense is classified as a first-offense, misdemeanor multiple offense, or felony DUI. The duty to report attaches at the point of conviction, not at sentencing, and not upon completion of probation or other conditions. This is an odd point, as substantiative criminal law considers a conviction at the time of sentencing, but as a proactive practice point, the “conviction” should be reported at or after the time a guilty plea is entered or a verdict of guilty is rendered at a trial, if sentencing comes later.
What Constitutes a “Conviction” for Reporting Purposes
C.R.C.P. 242.11 adopts a broad definition of “conviction,” capturing most dispositions typical in DUI- and DWAI-related cases. The following dispositions trigger reporting:
-
Guilty verdicts following trial;
-
Guilty pleas, including those entered for plea agreements involving stipulated sentencing;
-
Pleas of nolo contendere;
-
Deferred judgments at the time the plea is entered, even though formal conviction is deferred;
-
Any disposition in which a judicial finding or acceptance of a plea establishes a factual basis for guilt.
Thus, an attorney who enters a deferred judgment in a first-offense DUI must still report the disposition, notwithstanding its eventual dismissal upon successful completion.
Timing and Method of Reporting
Under C.R.C.P. 242.11(b), the notification must be submitted within fourteen (14) days of the conviction. Because the rule measures time from the entry of the plea or finding of guilt—not the sentencing date—attorneys must remain vigilant in meeting this timeline. Failure to report within 14 days constitutes independent misconduct, exposing an attorney to additional disciplinary consequences even where the underlying DUI or DWAI may not, by itself, lead to significant sanctions.
The rule does not prescribe a specific form, but a compliant submission must include:
-
The attorney’s full name and Colorado attorney registration number;
-
The court and jurisdiction where the DUI or DWAI conviction occurred;
-
The court docket/case number;
-
The statute or ordinance violated (e.g., C.R.S. § 42-4-1301(1)(a) for DUI or C.R.S. § 42-4-1301(1)(b) for DWAI);
-
A copy of the judgment of conviction, plea paperwork, minute order, or comparable court documentation;
-
If appropriate, a succinct explanatory statement, particularly where mitigation or unusual circumstances may warrant early contextualization.
The notification must be transmitted in writing to the Office of Attorney Regulation Counsel. Electronic submission is permissible when consistent with OARC’s current administrative practices.
OARC’s Response and Classification of the Offense
Upon receipt of a reportable conviction, OARC opens a criminal-conviction matter to evaluate the conduct and determine next steps.
Under C.R.C.P. 242.11(c), OARC must determine whether the offense qualifies as a “serious crime.” This classification influences whether interim discipline, formal proceedings, or expedited investigation will follow. Historically, a first-offense DUI or DWAI convictions—absent aggravating factors such as vehicular assault or homicide, a high-BAC, or dishonesty—are not automatically treated as “serious crimes” but can still result in scrutiny focused on public protection and rehabilitation.
If OARC identifies the conviction as a serious crime or as misconduct requiring formal review, it will file a complaint with the Presiding Disciplinary Judge (PDJ). This initiates a structured process that may include:
-
Interim suspension proceedings;
-
Appointment of a hearing board;
-
Entry of an order to show cause;
-
Evaluation of aggravating and mitigating circumstances, including addiction, compliance with treatment, and public-safety considerations.
For non-serious DUI/DWAI matters, OARC typically conducts a confidential investigation, evaluates rehabilitation evidence, and determines whether diversion, private admonition, or no further action is appropriate.
Consequences of Non-Compliance
Failure to report a DUI or DWAI conviction as required by C.R.C.P. 242.11 constitutes a separate rule violation, often charged under Colo. RPC 8.4(d) (conduct prejudicial to the administration of justice) or Colo. RPC 8.1(b) (failure to respond to disciplinary authority). This secondary misconduct frequently results in more serious sanctions than the underlying alcohol-related driving offense. The disciplinary system views transparency and timely self-reporting as core ethical expectations of Colorado lawyers.
Practical Considerations for Attorneys Facing DUI or DWAI Charges
Attorneys charged with alcohol-related driving offenses should be advised of the following operational considerations:
-
Early consultation with ethics counsel is prudent, particularly where the case involves aggravating elements such as an accident, a high BAC, minors in the vehicle, or repeat offenses.
-
Documentation of treatment, counseling, and compliance may significantly influence OARC’s assessment.
-
Attorneys should prepare the OARC submission in advance of the plea hearing to avoid inadvertent non-compliance with the 14-day deadline.
-
Deferred judgments must still be reported—an often-overlooked requirement that creates substantial exposure when missed.
-
The reporting requirement applies even if the case occurred outside Colorado, and even if the attorney believes the matter is “minor” or purely personal.
Summary
Colorado’s disciplinary regulations impose a strict, time-sensitive reporting requirement on attorneys convicted of a DUI or DWAI offenses. C.R.C.P. 242.11 requires written notice to OARC within fourteen days of any conviction, including deferred judgments, pleas of guilty or nolo contendere, and any disposition establishing a factual basis for guilt. The rule operates to ensure transparency and to enable early regulatory oversight. Failure to comply often produces consequences more severe than the underlying offense itself.