Colorado DUI/DWAI Laws and Penalties for a First, Second, and Third Offense

In Colorado, the penalties you'll face for a DUI or DWAI conviction depend primarily on the type of offense (DUI or DWAI) and the number of prior convictions the offender has. This article gives an overview of the penalties you'll face in Colorado for a first, second, and third DUI or DWAI conviction.

How Colorado Law Defines DUI and DWAI

In Colorado, there are three categories of impaired driving:

• DUI. Driving a vehicle while under the influence of alcohol, drugs, or a combination of alcohol and drugs is known as "DUI."
• DWAI. Driving a vehicle while "ability impaired" by alcohol, drugs, or a combination of alcohol and drugs is referred to as "DWAI."
• DUI per se. Operating a vehicle with a blood alcohol content (BAC) of .08% or more is called "DUI per se."

So you can be convicted based on BAC or actual impairment.

What It Means to be "Under the Influence" Under Colorado Law

A person is considered "under the influence" if substantial impairment affects the person's ability to operate a vehicle safely. If a defendant's BAC is .08% or more, it's inferred that the person was under the influence of alcohol.

How Colorado Law Defines "Ability Impaired"

"Ability impaired" means the person is only slightly impaired. A defendant is presumed to be DWAI if a chemical test shows a BAC of more than .05% but less than .08%.

Getting a DUI in Colorado Even If You Weren't Actually Driving

For purposes of Colorado's impaired driving laws, "drive" and "drove" mean to exercise "actual physical control" over a vehicle, even if it's not actually moving. Under that definition, a person can be convicted of DUI, DWAI, or DUI per se without actually driving a vehicle.

Penalties for a First DUI or DWAI in Colorado—Misdemeanor

In many states, DUIs stay on your record for a limited period of time. But Colorado counts all priors regardless of how long ago they occurred. So, to qualify as a first DUI or DWAI, the driver can't have any prior convictions in his or her lifetime.

1st DUI Penalties in Colorado

For a first DUI, the offender is looking at:

• five days to one year in jail
• $600 to $1,000 in fines
• a nine-month license revocation
• an eight-month ignition interlock device (IID) requirement, and
• 48 to 96 hours of community service.

These penalties are more severe than you'd face for a first DWAI conviction.

1st DWAI Penalties in Colorado

For a first DWAI, the offender is looking at:

• two to 180 days in jail
• $200 to $500 in fines, and
• 24 to 48 hours of community service.

You'll note that a first DWAI conviction doesn't result in license revocation or an IID requirement.

Penalties for a Second DUI or DWAI in Colorado—Misdemeanor

The penalties for a second DUI and second DWAI are the same and include:

• 10 days to one year in jail
• $600 to $1,500 in fines
• a one-year license revocation (if the second conviction is within five years of the first)
• an IID requirement of two to five years, and
• 48 to 120 hours of community service.

For second convictions, the defendant must complete at least two years of probation. Conditions of probation typically require the offender to complete alcohol and drug driving safety education and a treatment program. The offender is also required to submit to alcohol monitoring and two more years of probation can be imposed for additional monitoring. A probation violation can result in up to a year in jail.

Penalties for a Third DUI or DWAI in Colorado—Misdemeanor

The penalties for a third DUI and third DWAI are the same and include:

• 60 days to one year in jail
• $600 to $1,500 in fines
• an indefinite period of license revocation (reinstatement is possible after two years)
• an IID requirement of two to five years, and
• 48 to 120 hours of community service.

For third convictions, the defendant must complete at least two years of probation (explained above in the second offense section).

Penalties for Felony DUI and DWAIs in Colorado

A DUI is a felony in Colorado if the driver has three prior convictions or if the current offense involves injuries or deaths.

Felony 4th DUI in Colorado

As a class 4 felony, a fourth DUI generally carries two to six years in prison and at least $2,000 in fines. However, if the judge grants probation, the offender will typically spend less than two years in jail.

Felony DUIs Involving Injuries or Deaths

An intoxicated motorist who causes serious injury to another person can be charged with vehicular assault, a class 4 felony. A conviction can result in two to six years in prison and a minimum of $2,000 in fines.

Causing the death of another person while driving under the influence is considered a vehicular homicide. Convicted motorists are looking at a class 3 felony, which carries four to 12 years in prison and at least $3,000 in fines.

Alcohol and Drug Evaluations for Colorado DUIs

All DUI, DUI per se, and DWAI offenders must complete an alcohol/drug evaluation and the recommended treatment program. The offender is usually responsible for all fees associated with treatment.

License-Related Penalties for a DUI Imposed by the Colorado DMV

Colorado's "expressed consent" law requires all drivers to submit to breath, blood, saliva, and/or urine testing if there's probable cause to believe the person was in violation of the DUI laws.

Drivers Who Refuse Alcohol and Drug Testing in Colorado

Motorists who refuse testing face one to three years of license revocation, depending on their record.

Drivers Who Test With a BAC of .08% or More in Colorado

Drivers who fail a BAC test face nine months to two years of license revocation, depending on their record

Colorado's Underage Drunk Driving (UDD) Laws

For UDD offenses, there are criminal penalties and administrative consequences imposed by the DMV.

Criminal Penalties for Colorado UDD Offenders

For a first offense, it's a class A traffic infraction for a person under 21 years of age to drive a motor vehicle with a BAC of at least .02% but not more than .05%. A second or subsequent UDD offense is a class 2 traffic misdemeanor. A conviction carries:

• fines of $100 for a first offense and $150 to $300 for a second or subsequent offense
• jail time of up to 90 days for a second or subsequent offense
• up to 24 hours of community service, and
• license revocation of three months for a first offense, six months for a second offense, and one year for a third offense.

The judge generally won't impose license revocation if the driver's license was revoked administratively by the DMV.

Administrative Penalties for Colorado UDD Offenders

Under Colorado's implied consent law, a BAC of at least .02% but less than .08% is considered a failed test for a driver under 21 years old. The license revocation periods are:

• three months for a first violation
• six months for a second violation, and
• one year for a third or subsequent violation.

However, so long as the BAC was not more than .05%, the underage driver can request a 30-day revocation, to be followed by a two-month suspension. During the suspension period, the driver can obtain a probationary license. A probationary license can be used to drive for purposes of employment, education, health, or alcohol and drug education or treatment.

Talk to a Colorado DUI Lawyer

If you've been arrested for a DUI in Colorado, get in contact with an experienced DUI attorney. A qualified DUI lawyer can tell you how the law applies in your case, let you know if you have any viable defenses, and help you decide on the best course of action.