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

Learn about the penalties for impaired driving convictions in Colorado.

By , Attorney
Facing a DUI? We've helped 115 clients find attorneys today.

There was a problem with the submission. Please refresh the page and try again
Full Name is required
Email is required
Please add a valid Email
Phone Number is required
Please enter a valid Phone Number
Zip Code is required
Please add a valid Zip Code
Description is required
By clicking "Find a Lawyer", you agree to the Martindale-Nolo Texting Terms. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided for marketing purposes, discuss available services, etc. Messages may be sent using pre-recorded messages, auto-dialer or other automated technology. You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

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.

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.

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 Colorado DUI and DWI Convictions

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.

Jail Time, Fines, and License Revocation for Colorado DUIs

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.

1st offense

2nd offense

3rd offense

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

Administrative Penalties 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 the following license revocation periods:

1st Offense

2nd offense

3rd Offense

License Revocation

1 year

2 years

3 years

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

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

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.

DUI Probation in Colorado

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.

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.

FACING A DUI?
Talk to a DUI Defense attorney
We've helped 115 clients find attorneys today.
There was a problem with the submission. Please refresh the page and try again
Full Name is required
Email is required
Please add a valid Email
Phone Number is required
Please enter a valid Phone Number
Zip Code is required
Please add a valid Zip Code
Description is required
By clicking "Find a Lawyer", you agree to the Martindale-Nolo Texting Terms. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided for marketing purposes, discuss available services, etc. Messages may be sent using pre-recorded messages, auto-dialer or other automated technology. You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

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.

How It Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you