Arrested During the Sundance Film Festival in Boulder, Colorado: What You Need to Know

The Sundance Film Festival is coming to Boulder, Colorado in January 2027 and every January after that. Tens of thousands of filmmakers, industry professionals, and film fans will descend on a walkable college town for 10 days of screenings, panels, parties, and late nights. Boulder is not Park City. Colorado law is not Utah law. And if you or someone you know gets arrested during Sundance, the decisions you make in the next few hours may shape the entire case.

This guide explains how Colorado criminal law works for out-of-state visitors, what charges are most common at large festivals and events, and what to do if you find yourself facing charges in Boulder County during Sundance.

Colorado Laws That Catch Out-of-State Visitors Off Guard

Marijuana Is Legal to Buy — But Not to Use in Public

Colorado legalized recreational marijuana, but public consumption remains a criminal offense. Smoking, vaping, or consuming edibles on Pearl Street, outside a venue, in a parking lot, on the CU Boulder campus, or anywhere visible to the public is illegal. A first offense is a petty offense with a fine, but it can escalate — and for out-of-state visitors, any marijuana-related charge can create complications with employment, professional licensing, and travel depending on your home state’s laws.

DUI and DWAI Work Differently Here

Colorado has two impaired driving charges, not one. DUI (Driving Under the Influence) under § 42-4-1301(1)(a) applies when a driver is substantially incapable of exercising clear judgment or physical control. DWAI (Driving While Ability Impaired) under § 42-4-1301(1)(b) applies when a driver is impaired “to the slightest degree.” You can be convicted of DWAI at a BAC as low as 0.05 — well below the 0.08 threshold most visitors expect. A DWAI is still a criminal conviction, not a traffic ticket.

Colorado also has an express consent law. By driving on Colorado roads, you have already consented to chemical testing if an officer has probable cause to believe you are impaired. Refusing a test results in an automatic one-year license revocation and the refusal can be used against you in court.

If you are arrested for DUI in Boulder County during Sundance, you cannot attend your bail hearing until you are no longer intoxicated — that is Colorado law under § 16-4-104(4). You will sit in the Boulder County Jail until you sober up.

Domestic Violence Means Mandatory Arrest

Colorado is a mandatory arrest state for domestic violence under § 18-6-803.6. If police respond to a disturbance involving intimate partners — whether in a hotel room, an Airbnb, a rental house, or a parked car — and there is probable cause to believe a crime of domestic violence occurred, someone is going to jail. The officer has no discretion to issue a warning or walk away. This applies to married couples, dating partners, and former partners. It applies regardless of whether you are a Colorado resident or a visitor from out of state.

Open Container Laws

Colorado prohibits open containers of alcohol in vehicles under § 42-4-1305. An open bottle of wine from a Sundance after-party in your car — even if you are not the one drinking — can result in a citation.

The Most Common Charges at Large Events and Festivals

DUI / DWAI — The single most likely charge. Boulder’s downtown venues and Pearl Street are walkable, but many attendees will be staying in Denver, Louisville, Broomfield, Longmont, or other Front Range cities. That means driving home after evening screenings and late-night parties — often on US-36, the Boulder Turnpike, or Highway 93. Boulder PD and the Colorado State Patrol will be aware of the increased traffic.

Assault / Disorderly Conduct — Bar altercations, arguments outside venues, or confrontations in crowded spaces. Third-degree assault under § 18-3-204 is a class 1 misdemeanor carrying up to 364 days in jail.

Drug Possession — Despite marijuana’s legal status, possession of other controlled substances remains a criminal offense. Festival environments attract enforcement attention.

Trespass — Entering restricted areas, bypassing security at venues, or accessing private events without authorization.

Harassment — Under § 18-9-111, harassment includes striking, shoving, kicking, or making physical contact intended to harass, annoy, or alarm another person.

Theft — Petty theft from festival venues, restaurants, or retail stores. Theft under $300 is a petty offense in Colorado, but theft between $300 and $2,000 is a class 2 misdemeanor.

What to Do If You Are Arrested in Boulder During Sundance

Exercise your right to remain silent. You are required to provide your name and identification to law enforcement. Beyond that, say nothing. Do not explain, apologize, justify, or try to talk your way out of the situation. Every word you say is being recorded on body camera and can be used against you.

Do not resist arrest. Even if you believe the arrest is unjust, resisting or obstructing a peace officer under § 18-8-104 is a separate criminal charge. Comply physically and fight the case legally afterward.

Contact a Colorado criminal defense attorney immediately. If you are from out of state, you need a Colorado-licensed attorney who practices in Boulder County. Your attorney back home cannot represent you in a Colorado court unless they are also licensed in Colorado.

Ask about your court dates before you leave Boulder. If you are released on bond, your bond conditions will include a date to appear in court. Your attorney can often appear on your behalf for routine appearances.

Do not post about the arrest on social media. No Instagram stories, no tweets, no posts about what happened. Anything you post publicly is discoverable and can be used by the prosecution.

Out-of-State Residents: How Colorado Cases Work When You Do Not Live Here

If you live in California, New York, Texas, or anywhere outside Colorado, a Boulder County criminal case does not disappear when you leave the state. Failure to appear in court results in a bench warrant — which means you can be arrested the next time you are pulled over, go through airport security in Colorado, or have any contact with law enforcement in a state that honors Colorado warrants.

The practical reality is that you need a local attorney who can handle appearances, file motions, negotiate with the DA, and resolve the case — ideally without you having to fly back to Colorado multiple times. Many cases can be resolved with one or two in-person appearances if your attorney has handled the preliminary work.

A Colorado conviction also follows you home. It will appear on your criminal record in the national databases that employers, landlords, and licensing boards check. For professionals in film, entertainment, media, and technology — industries where reputation matters — a criminal conviction can have consequences far beyond the legal penalties.

Frequently Asked Questions

I was arrested for DUI in Boulder during Sundance. What happens to my out-of-state driver’s license?

Colorado can revoke your privilege to drive in Colorado, and your home state will likely be notified of the arrest and any conviction through the Interstate Driver’s License Compact. Most states will impose their own consequences on your license based on the Colorado outcome.

Can I just pay a fine and not come back to Colorado?

That depends on the charge. Some minor offenses can be resolved without an appearance. Misdemeanors and felonies require court appearances — but your attorney can often appear on your behalf for most hearings. DUI charges always require at least some personal appearances.

I was arrested for marijuana possession. I thought it was legal in Colorado?

Recreational marijuana is legal to purchase and possess in limited quantities (up to 1 ounce) for adults 21 and older. But public consumption is still illegal, possession over the legal limit is a crime, and if you are under 21, any marijuana possession is illegal.

Will this show up on a background check?

If you are convicted, yes. Colorado criminal convictions appear in national databases. Even an arrest without a conviction can appear on some background checks depending on the reporting service.

What if I was just a bystander and got swept up in an arrest?

It happens, particularly at large events where police are responding to chaotic situations. If you were wrongly arrested, the evidence will reflect that — but you still need an attorney to make sure the case is dismissed properly and does not linger on your record.

If you are arrested during the Sundance Film Festival in Boulder — or at any event in Colorado — William Bacharach is a criminal defense attorney who can intervene immediately. He practices in Boulder County, Denver, Jefferson, Arapahoe, Adams, Douglas, Weld, and Broomfield Counties and is available 24/7, including nights and weekends.

Call (720) 303-5778 for a free, confidential consultation.

This article is for informational purposes only and does not constitute legal advice. Every case is different. Contact a qualified criminal defense attorney to discuss the specific facts of your situation. Past results do not guarantee future outcomes.