1st Colorado DUI Offense
First Drunk Driving Conviction
Blood Alcohol Content .08 or Above
- 1st DUI
- Jail – From 5 Days to 1 Year
- Fine - From $600 - $1,000
- License Suspension – 9 Months
- License Points – 12
- Public Service – From 48 to 96 Hours
- Jail May be Suspended in Lieu of Alcohol Treatment Program
1st DWAI Offense
First Driving While Ability Impaired
Blood Alcohol Content of .05 But Less Than .08
- 1st DWAI
- Jail – From 48 Hours to 180 Days
- Fine – From $200 to $500
- License Suspension – None
- License Points – 8
- Public Service – From 24 to 48 Hours
More Information: First Offense DUI or DWAI in Colorado
Important Note from the Editor
While we strive to keep this information up to date and accurate, it's important to understand that it's based on your states legislature. Your local courts, judges, district attorneys office and even local law enforcement will have a huge impact on how the law is actually applied in any given case. No amount of legal information can replace the advice of a local attorney familiar with DUI cases in your area.
2nd Colorado DUI Offense
Second Drunk Driving Conviction
Blood Alcohol Content .08 or Above
- Jail – From 90 Days to 1 Year
- Fine – From $1,000 to $1500
- License Suspension – 1 Year
- Ignition Interlock Device Prior to License Reinstatement*
- License Points – 12
- Public Service – From 60 to 120 Hours
*If within 5 Years of Previous DUI
2nd DWAI Offense
Second Driving While Ability Impaired (DWAI)
Blood Alcohol Content of .05 But Less Than .08
- Jail – From 90 Days to 1 Year
- Fine – From $1,000 to $1500
- License Suspension – 1 Year
- License Points – 12
- Public Service – From 60 to 120 Hour
More Information: Second Offense DUI or DWAI in Colorado
3rd Colorado DUI Offense
Third Drunk Driving Conviction
Blood Alcohol Content .08 or Above
- Jail – From 70 Days to 1 Year
- Fine – From $900 to $1,500
- License Suspension – 2 Years
- Ignition Interlock Device Prior to License Reinstatement
- License Points – 12
- Public Service – From 56 to 112 Hours
3rd DWAI Offense
Third Driving While Ability Impaired
Blood Alcohol Content of .05 But Less Than .08
- Jail – From 45 Days to 1 Year
- Fine – From $600 to $1,000
- License Suspension – 2 Years
- License Points – 8
- Public Service – From 48 to 96 Hours
More Information: Third Offense DUI or DWAI in Colorado
DWAI With Previous DUI
DWAI with Previous Driving Under the Influence (DUI)
- Jail – From 60 Days to 1 Year
- Fine – From $800 to $1,200
- Public Service – From 52 to 104 Hours
DUI With Previous DWAI
Driving Under the Influence (DUI) with Previous DWAI
- Jail – From 70 Days to 1 Year
- Fine – From $900 to $1,500
- Public Service – From 56 to 112 Hours
2010-11 DUI Law Changes
Colorado modified the amount of time an offender is required to stay in jail for a DUI conviction and now imposes a 10-day minimum jail term for a second offense as well as a 60-day minimum jail sentence for a third and subsequent offenses. Additionally, the law has eliminated the requirement that an offender wear an ankle bracelet leaving only two options: either serve requisite time or apply for a work release program.
Resources from Nolo
Colorado Drunk Driving and Wet Reckless Laws - Nolo.com
2008 Changes to DUI Law in Colorado
Colorado House Bill 1166 - Repeals and reenacts, with amendments, the statute authorizing the Department of Revenue to revoke a person's driver's license due to the presence of alcohol or drugs in the person's system or the person's refusal to take a test to determine whether there is alcohol or drugs in the person's system.
Colorado - House Bill 1194 - Concerns measures by executive branch agencies to reduce the incidents of drunk driving, provides for extending the length of suspension of driving privileges for certain offenders, requiring certain offenders to use an ignition interlock device, increasing the cost to reinstate a driver's license, and providing for an increase in annual high-visibility drunk driving law enforcement episodes, relates to appropriations for capital construction and expansion of correctional facilities.
For More Information on this change Please Visit The State of Colorado Website .
Drinking and Driving Laws in Colorado
Drunk driving laws in The State of Colorado are similar to other DUI laws in the United States, however Colorado also has a Driving While Ability Impaired (DWAI) law that makes it illegal to drive with a lower blood alcohol concentration (BAC) level that is lower than most states. The DWAI law starts at 0.05 percent (BAC) whereas most states start with a 0.8 percent BAC. The Colorado DUI law prohibits a person from driving when they have a concentration of .08 percent or more alcohol in their blood system. This is the standard measurement use by most states for the "impaired" driver.
The first time you are caught driving with a blood alcohol content of .08 or above, you are guilty of driving under the influence. The fine for your first DUI is from $300- $1000. You will spend between 5 days to 1 year in jail with mandatory public service from 48 to 96 hours. You will also have your license revoked for 1 year.
2008 Change in Boating Under the Influence Law
On 04/25/08 the Governor of Colorado signed Senate Bill 159. This bill Lowers the blood alcohol limit at which a person operating a vessel is deemed to be under the influence from a blood alcohol content of 0.10 to 0.08, extends the scope of the law relating to the operation of a vessel while under the influence of intoxicating substances from motorboats and sailboats to all vessels.
Please CLICK HERE to read more information on Colorado's Boating Under the Influence Change.
How many drinks does it take to reach the legal limit in Colorado?
There are many variables that determine if a person has reached the legal limit, however what may make one person legally drunk, isn't always the case with another individual. There are BAC calculators and Alcohol Charts that can serve as a point of reference, but again individual factors such as age, weight and the duration of time that has passed between drinks all play into the equation. There isn't a single formula that works for everyone. On average it takes very little alcohol to become legally drunk and the best answer to drinking and driving is to have zero drinks before you drive.
Drunk Driving Laws in Colorado
The following driving actions are illegal in the State of Colorado
- Under 21- A blood alcohol content level (BAC) .02 and less than .08
- Under 21- In possession of alcohol
- Driving with a BAC of .05-.07 (Driving while Impaired)
- Driving with a BAC of .08 or above (Driving under the Influence)
- Driving under the influence of Alcohol or Drugs or Both. (DWAI)
The State of Colorado Express Consent Law
Colorado's express consent law is similar to laws in other states know as "Implied Consent Laws". The Colorado law means that , as a driver in the State of Colorado you automatically agree to take a chemical test of your breath, urine and blood. If you refuse to take a chemical test your drivers license will be revoked for a period of one year.
In addition if you refuse a chemical test a second time your license will be suspended for 2 years and you will become eligible for an ignition interlock device after 1 year of suspension has passed. A third refusal and your license will be suspended for 3 years and you may request a restricted license with an ignition interlock device after a period of one year.
State of Colorado Website - DUI Information
State of Colorado Driver Manual
State of Colorado Ignition Interlock Requirements
