Third DUI/DWAI Offense in Colorado

The administrative and criminal penalties for a third DUI in Colorado.

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In Colorado, the penalties for a DUI conviction depend on a number of factors. One of the main factors is how many prior DUI convictions the driver has.

This article covers Colorado's DUI laws and the penalties for a third conviction.

Colorado's DUI/DWAI Laws

Colorado's DUI laws prohibit a person from operating a vehicle:

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

DWAI is the lesser of these offenses, requiring proof of only a slight degree of impairment. If a chemical test shows a BAC of more than .05% but less than .08% (get an estimate of how many drinks it takes), a defendant is presumed to be DWAI.

DUI requires proof of a substantial impairment that affects the person's ability to operate a vehicle safely. DUI per se means that the driver's BAC was .08% or more at the time of driving or within two hours after driving.

License Penalties Imposed by the DMV for a 3rd Colorado DUI

A DUI offense will generally result in license-related penalties imposed by the Colorado Division of Motor Vehicles (DMV). These penalties can result even without a DUI conviction.

3rd-Offense License Revocation in Colorado for Refusing or Failing an Alcohol Test

A driver is deemed to have given consent to a chemical test if there's probable cause to believe the person is driving a motor vehicle in violation of Colorado's DUI laws. Under the implied consent law, the Colorado Division of Motor Vehicles (DMV) will revoke the license of any driver who has a BAC of .08% or more or refuses to take a chemical test.

If a test shows a driver's BAC to be .08% or more and it's the person's third or subsequent violation, the revocation is for two years. However, an offender can apply for a restricted license after one month of the revocation period has passed. If a motorist refuses to take a chemical test on a third or subsequent violation, the revocation is for three years. The offender can apply for a restricted license after driving privileges have been revoked for two months.

Ignition Interlock Device Requirements for Colorado DUI Third Offenders

Ignition interlock devices (IIDs) are required for all third offenders as a condition to becoming eligible for a restricted license. For a BAC of .08% or more, the IID must be installed in all vehicles registered in the offender's name for one year or the remaining revocation period, whichever is longer. If a test discloses a BAC of .15% or more or if the driver refused a test, the offender must have an IID installed for two years after reinstatement.

Criminal Penalties for a Third DUI Conviction in Colorado

Third convictions for DUI, DUI per se, and DWAI are generally misdemeanors. An offender is deemed to have a prior conviction if the person has previously been convicted of DUI, DUI per se, or DWAI in Colorado or another state. There is no "lookback" period, which means that a prior DUI from any date is considered a prior conviction.

Jail Time for a 3rd DUI or DWAI in Colorado

Third convictions carry a minimum sentence of 60 days in jail and a maximum sentence of up to one year.

Fines and Fees for a 3rd DUI or DWAI in Colorado

The fine for third convictions is $600 to $1,500, plus court costs and surcharges. The judge can suspend part or all of the fine.

Public Service Requirements for a 3rd DUI or DWAI in Colorado

A minimum of 48 to 120 hours of public service is required if a defendant is convicted of DUI, DWAI, or DUI per se for the third time. Any person required to complete public service must pay a $120 fee.

License Revocation for a 3rd DUI or DWAI in Colorado

On a third conviction, a defendant's license will be revoked for an indefinite period. The offender can apply for an interlock-restricted license after one month of the revocation period has passed. The defendant is required to hold the interlock-restricted license for at least two years, but not longer than five years, before being eligible for any other license.

After two years, the defendant's license may be reinstated upon proof of completion of an alcohol and drug education and treatment program. The driver must also demonstrate knowledge of laws and driving ability through the normal license testing process.

The revocation imposed by the DMV for a violation of the implied consent law, as discussed above, and the revocation imposed for a conviction run concurrently. This means that both revocations are served at the same time, as opposed to being added together.

Colorado's DUI Probation for 3rd Offenders

For a third conviction, the defendant is placed on probation for at least two years. Conditions of probation require completion of an alcohol and drug driving safety education or treatment program and the defendant may be required to submit to alcohol monitoring. An additional period of probation of up to two years can be imposed for the purpose of monitoring the defendant. A violation of probation can result in up to a year in jail.

Colorado's Substance Abuse Treatment Requirements for 3rd DUI Offenders

All DUI, DWAI, and DUI per se offenders must complete an alcohol/drug evaluation and the recommended treatment program. Generally, a judge is required to consider the evaluation before sentencing the defendant.

Talk to a Colorado DUI Lawyer

The consequences of a DUI are serious. If you've been arrested for driving under the influence in Colorado, you should get in contact with an experienced DUI attorney in your area. A qualified DUI lawyer can assess your case and help you decide on the best course of action.

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You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.

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