In Colorado, the penalties you'll face for a DUI conviction depend primarily on the type of offense (explained below) 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 conviction.
In Colorado, there are three categories of impaired driving:
So you can be convicted based on BAC or actual impairment.
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.
"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%.
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.
An impaired driving arrest typically leads to administrative (license-related) penalties. And if the offender is convicted of DUI, DUI per se, or DWAI in court, there are also criminal penalties imposed in addition to the administrative consequences.
The criminal penalties imposed depend on whether the defendant is convicted of DUI, DUI per se, or DWAI. Generally, penalties are less severe for a first DWAI conviction than those imposed for DUI or DUI per se convictions. However, once an offender has a prior conviction, the penalties for DUI, DUI per se, and DWAI are the same.
Additionally, penalties typically increase depending on whether the offender has prior impaired driving convictions. The chart below details the minimum and maximum penalties for first, second, and third DUI, DUI per se, and DWAI convictions.
|
Jail |
5 days to 1 year (for DUI and DUI per se convictions) 2 days to 180 days (for DWAI convictions) |
10 days to 1 year |
60 days to 1 year |
|
Fines |
$600 to $1,000 (for DUI and DUI per se convictions) $200 to $500 (for DWAI convictions) |
$600 to $1,500 |
$600 to $1,500 |
|
License Revocation |
9 months (for DUI and DUI per se convictions) |
1 year (if the second conviction is within 5 years) |
Indefinite period of revocation (but can apply for reinstatement after 2 years) |
|
Ignition Interlock Device |
8 months (for DUI and DUI per se convictions) |
2 to 5 years |
2 to 5 years |
|
Public Service |
48 to 96 hours (for DUI and DUI per se convictions) 24 to 48 hours (for DWAI convictions) |
48 to 120 hours |
48 to 120 hours |
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.
Motorists who refuse testing face the following license revocation periods:
|
1st Offense |
2nd offense |
3rd Offense |
|
|
License Revocation |
1 year |
2 years |
3 years |
Generally, a BAC of .08% or more is deemed a failed test. Motorists who fail a chemical test face the following license revocation periods:
|
1st Offense |
2nd offense |
3rd Offense |
|
|
License Revocation |
9 months |
1 year |
2 years |
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.
For second and subsequent convictions, the defendant is placed on probation for at least two years. 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.
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.