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

In Colorado, the penalties you'll face for a driving under the influence (DUI) or driving while ability impaired (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 four 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."
• UDD. Underage drunk driving ("UDD") applies to drivers younger than 21. (Read more about UDD below.)

Colorado treats DUI and DUI per se the same for punishment purposes. The penalties for a first DWAI aren't as severe as a first DUI or DUI per se, but the three offenses have the same penalties for second and subsequent offenses.

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

A person is considered "under the influence" if substantial impairment from drugs or alcohol affects the person's ability to "exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle." If a defendant's BAC is .08% or more, it's inferred that the person was under the influence of alcohol. (Colo. Rev. Stat. § 42-4-1301 (2025).)

A driver can be convicted of DUI without a chemical test if the prosecution can show other evidence of intoxication, such as the motorist having breath that smells of alcohol, slow and slurred speech, bloodshot eyes, and poor performance on field sobriety tests. (People v. Swain, 959 P.2d 426 (Colo. 1998).)

How Colorado Law Defines "Ability Impaired"

"Ability impaired" means the person is only slightly impaired by alcohol or drugs. A defendant is presumed to be DWAI if a chemical test shows a BAC of more than .05% but less than .08%. (Colo. Rev. Stat. § 42-4-1301 (2025).)

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.

For instance, in one case that resulted in a DUI conviction, the driver was asleep in the front seat of his truck which was on the side of the road. The keys were in the ignition, and the radio was playing. Even though he wasn't actively driving and the engine wasn't on, the court found he was in actual physical control of his vehicle. (People v. Swain, 959 P.2d 426 (Colo. 1998).)

Penalties for a First DUI or DWAI in Colorado—Misdemeanor

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

First DUI Penalties in Colorado

For a first DUI (including DUI per se), the offender is looking at:

• five days to one year in jail (10-day minimum if BAC is .20% or higher)
• $600 to $1,000 in fines
• a nine-month license revocation
• an ignition interlock device (IID) requirement to drive during the revocation period, and
• 48 to 96 hours of community service.

The court also may impose a period of probation for a first offense. (Colo. Rev. Stat. §§ 42-2-125, 42-2-132.5, 42-4-1307 (2025).)

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

First 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.

The court also may impose a period of probation for a first offense. (Colo. Rev. Stat. § 42-4-1307 (2025).)

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

When determining whether a DWAI, DUI, or DUI per se is a second offense, the court will count all convictions for those offenses. For example, if a driver has a prior DWAI and is arrested for DUI, then the offense will be a second DUI. The penalties for a second DUI, DUI per se, and 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.

(Colo. Rev. Stat. §§ 42-2-125, 42-2-132.5, 42-4-1307 (2025).)

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. (Colo. Rev. Stat. § 42-4-1307 (2025).)

Penalties for a Third DUI or DWAI in Colorado—Misdemeanor

The penalties for a third DUI, DUI per se, and 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.

(Colo. Rev. Stat. §§ 42-2-125, 42-2-132.5, 42-4-1307 (2025).)

For third convictions, the defendant must complete at least two years of probation (explained above in the second offense section). (Colo. Rev. Stat. § 42-4-1307 (2025).)

Penalties for Felony DUI and DWAIs in Colorado

A DUI, DUI per se, or DWAI is a class 4 felony in Colorado if the driver has three prior convictions or if the current offense involves injuries or deaths. (Colo. Rev. Stat. § 42-4-1301 (2025).)

Felony Fourth DUI in Colorado

As a class 4 felony, a fourth DUI generally carries two to six years in prison, at least $2,000 in fines, and lengthy license revocation, probation, and IID periods. However, if the judge grants probation, the offender will typically spend less than two years in jail. (Colo. Rev. Stat. §§ 18-1.3-401, 42-2-125, 42-2-132.5, 42-4-1301, 42-4-1307 (2025).)

Felony DUIs Involving Injuries or Deaths

DUI causing injury. A motorist who is driving under the influence of alcohol or drugs and 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, a minimum of $2,000 in fines, and lengthy license revocation, probation, and IID periods. (Colo. Rev. Stat. §§ 18-1.3-401, 18-3-205, 42-2-125 (2025).)

DWAI causing injury. A motorist who is driving while ability impaired by alcohol or drugs and who causes serious injury to another person can be charged with vehicular assault, a class 5 felony. A conviction can result in one to three years in prison, a minimum of $1,000 in fines, and lengthy license revocation, probation, and IID periods. (Colo. Rev. Stat. §§ 18-1.3-401, 18-3-205, 42-2-125 (2025).)

DUI causing death. 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 4 to 12 years in prison, at least $3,000 in fines, and lengthy license revocation, probation, and IID periods. (Colo. Rev. Stat. §§ 18-1.3-401, 18-3-106, 42-2-125 (2025).)

DWAI causing death. Causing the death of another person while driving while ability impaired by alcohol or drugs is considered a vehicular homicide. Convicted motorists are looking at a class 4 felony, which carries two to six years in prison, at least $2,000 in fines, and lengthy license revocation, probation, and IID periods. (Colo. Rev. Stat. §§ 18-1.3-401, 18-3-106, 42-2-125 (2025).)

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. (Colo. Rev. Stat. § 42-4-1301.3 (2025).)

License-Related Penalties for Refusal 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. (Colo. Rev. Stat. § 42-4-1301.1 (2025).)

Motorists who refuse testing face one to three years of license revocation, depending on their record. (Colo. Rev. Stat. § 42-2-126 (2025).)

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. (Colo. Rev. Stat. § 42-4-1301 (2025).)

A UDD 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.

(Colo. Rev. Stat. §§ 42-2-126, 42-4-1301 (2025).)

The judge generally won't impose license revocation if the driver's license was revoked administratively by the DMV. If the judge does impose a revocation, it will run concurrently with the administrative revocation. In other words, if a judge imposes a three-month revocation and the state imposes the same, the motorist's total revocation period will be for three months, not six. (Colo. Rev. Stat. § 42-2-126 (2025).)

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.

(Colo. Rev. Stat. § 42-2-125 (2025).)

Probationary License for UDD Revocations

As long as the BAC wasn't 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. (Colo. Rev. Stat. §§ 42-2-125, 42-2-126, 42-2-127 (2025).)

Getting Help From 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.