Colorado DUI Penalties

What Are The Colorado DUI Penalties? If You Were Charged With A DUI You ONLY Have 7 DAYS to Request A DMV Hearing.

Colorado’s DUI laws have a progressive penalty system that gets stricter on a second, third, and fourth DUI basis. Offenses are misdemeanors unless a driver has had three or more convictions, in which case a Class 4 felony will be applied. Colorado DUI penalties are different if the person under the influence causes serious injuries or death.

The state’s laws consider you to be “under the influence” of alcohol if your blood alcohol content level (BAC) is 0.080 or higher or if you are suspected to be under the influence of other chemicals such as marijuana, illegal drugs, and prescription drugs. If your results are below 0.080 but higher than 0.050, you may still be charged with driving while ability impaired (DWAI). You can be charged with DUI if you refuse to submit to a chemical test.

Substantial incapacitation that renders you incapable of operating a vehicle will result in you being guilty of a DUI. Learn about Colorado’s open container laws.

Here Is What You Need to Know About DUI Penalties in Colorado:

First DUI Penalties

A first-time conviction is considered a misdemeanor that results in:

• Jail: 5 days to 1 year
• Fine: $600 to $1,000
• Public Service: 48 to 96 hours
• License Suspension: 9 months
• Points: 12 DMV points

Offenders may have to take one or more alcohol education classes.

Note: If a defendant’s BAC is 0.15% or higher, the individual will be considered a persistent drunk driver (PDD) and will be charged as a repeat offender.

Second DUI Penalties

A second-time conviction is considered a misdemeanor that results in:

• Jail: mandatory minimum of 10 days to 1 year
• Fine: $600 to $1,500
• Public Service: 48 to 120 hours
• License Suspension: 1 year
• Points: 12 DMV points
• Ignition Interlock Device: 2 years

Alcohol education classes may be required.

Third DUI Penalties

A third-time conviction is considered a misdemeanor that results in:

• Jail: 60 days to 1 year
• Fine: $600 to $1,500
• Public Service: 48 to 120 hours
• License Suspension: 2 year
• Points: 12 DMV points
• Ignition Interlock Device: 2 years

Alcohol education classes may be required.

Fourth or More DUI Penalties

Colorado law (42-4-1301 C.R.S.) states that after three or more violations, the driver will be charged with a class 4 felony if the driver was found guilty for the prior convictions. A felony is a much more serious crime that will result in:

• Fines of $2,000 to $500,000
• Colorado State Imprisonment of 2 to 6 years and 3 years of parole

DWAI Penalties

DWAI penalties are less severe than their DUI counterparts, but they still have a progressive system where each offense results in harsher punishment.

Colorado DWAI penalties are:

• First-time offenses result in 2 to 180 days in jail, fines of $200 to $500, and 24 to 48 hours of public service.
• Second-time offenses result in 10 days to 1 year in jail, fines of $600 to $1,500, and 48 to 120 hours of public service.
• Third-time offenses result in 60 days to 1 year in jail, fines of $600 to $1,500, and 48 to 120 hours of public service.

All DWAI offenses result in 8 DMV points, and if a fourth charge is filed against a driver and they’re found guilty, they will face the same punishment as a person with four or more DUIs.

Penalties if a DUI Causes Serious Injury or Death

Drivers that are involved in an accident while being impaired will immediately face a felony charge if the accident resulted in serious injury or death. The charges faced include:

Vehicular Assault

An accident that results in serious injuries will be considered a Class 4 felony and warrants:

• Fines of $2,000 to $500,000
• Prison sentence of 2 to 6 years, and 3 years of parole

Vehicular Homicide

If the accident results in the death of another driver, a Class 3 felony will be assessed, which comes with more severe penalties. A defendant, if found guilty, will face:

• Fines of $3,000 to $750,000
• Prison sentence of 4 to 12 years and 5 years of parole

Colorado DUI Penalties for Underage Drinking and Driving

Colorado has a zero-tolerance policy for all underage drivers. If an underage driver has a BAC of 0.05% or higher, they will be treated as an adult and face the respective DUI and DWAI laws.

If the driver’s BAC is 0.02% or higher, they will also face a progressive system that allows for the first offense to not be considered a crime. Subsequent offenses are a crime.

• First offenses have fines up to $150, license suspension of up to 3 months, 24 hours of community service, and 4 points on their license.
• Second offenses have fines up to $300, license suspension of up to 6 months, 48 to 120 hours of community service, 4 points on their license, and 10 to 90 days in jail.
• Third offenses have fines up to $300, license suspension of up to 6 months, 48 to 120 hours of community service, 4 points on their license, and 60 to 90 days in jail.

Any convictions after the fourth offense may require alcohol or education programs at your own expense.