DUI Driving Laws In Colorado

The penalties for a DUI conviction in Colorado are primarily determined by the type of offense (explained below) and the number of prior convictions the offender has. This article provides an overview of the penalties for a first, second, and third DUI conviction in Colorado.

DUI

A DUI is defined as driving "a motor vehicle or vehicle while under the influence of alcohol or one or more drugs, or both alcohol and one or more drugs." Driving under the influence means operating a motor vehicle or vehicle after consuming alcohol or one or more drugs, or a combination of alcohol and one or more drugs, to the extent that the person is substantially incapable, either mentally or physically, or both mentally and physically, of exercising clear judgment, adequate physical control, or due care in the safe operation of a vehicle.

DUI Per Se

To be charged with a DUI, you must have a blood alcohol content (BAC) test that shows your BAC is greater than the legal limit of 0.08. This applies whether or not you were driving while impaired. If you are charged with a DUI per se, prosecutors must prove in court that your blood alcohol levels exceeded the legal limit while driving or within two hours of driving. This makes breath and blood tests extremely important.

DWAI

In Colorado, a DWAI occurs when a person over 21 has a blood alcohol level that is less than 0.08 percent but less than 0.05 percent. A blood alcohol level of 0.02 percent is considered a DWAI if you are under 21. It is important to note that you can be charged with and convicted of a DUI or DWAI if you are under drugs. Prescription drugs, illegal drugs, toxic vapors, inhaled glue, and aerosol are considered "controlled substances" under the law.

Drinking And Driving Laws In Colorado

In Colorado, a few laws specifically address driving under the influence. They are as follows:
  • Zero Tolerance Law
    • This rule applies to drivers under the legal drinking age (21). Those under 21 driving with blood alcohol levels between 0.02 and 0.08 percent will have their license revoked.
  • Express Consent Law
    • If you choose to operate a motor vehicle in Colorado, you automatically consent to be tested by the police for blood, breath, or urine if pulled over. Anyone who refuses to take one of these tests will have their license suspended for a year.
  • Buy and Possess Law
    • Anyone under 21 who purchases or has alcohol in their possession will have their driver's license revoked, even if they are not driving at the time.

Penalties in Colorado

DUI

DUI penalties are the same for both types of DUI. They are classified based on the number of DUI offenses you have had.

First DUI or DUI Per Se Offense

A first-time DUI or DUI, in general, is a misdemeanor. It is punishable by:
  • A minimum of five days in jail and a maximum of twelve months
  • Fines of up to $1,000 are possible.
  • Community service of up to 96 hours
  • License suspension for nine months
Even a first offense would label you a persistent drunk driver if your blood-alcohol level were 0.15 percent. This offense carries the same punishment as a repeat DUI offense.

Second DUI or DUI Per Se

A second DUI, or DUI per se, is also a misdemeanor offense, but the penalties are more severe than a first DUI. The penalties are as follows:
  • A minimum of 10 days in jail and a maximum of 12 months
  • Fines of up to $1,500
  • Community service of up to 120 hours
  • Driver's license suspension for one year
  • Installation of a two-year ignition interlock device

Third DUI or DUI Per Se

This is yet another misdemeanor charge. It is punished as follows:
  • A minimum of 60 days to a maximum of 12 months in prison
  • Fines of up to $1,500
  • Community service of up to 120 hours
  • Your license will be suspended for two years.
  • Installation of a two-year ignition interlock device

Fourth And Subsequent DUI or DUI Per Se

A fourth or subsequent DUI is considered a Class 4 felony. The following are the penalties for this level of offense:
  • Up to six years in state prison, followed by three years on parole
  • Fines of up to $500,000
  • Driver's license suspension for two years
If there are aggravating circumstances, such as bodily injury to another due to the DUI, the defendant faces up to 12 years in prison. It is important to note that a fourth DUI or DUI, in general, is a felony, even if no one is injured. It's also worth noting that it doesn't matter how long ago the previous convictions occurred. There is no period during which those prior convictions are washed away and will not apply to the fourth infraction. Furthermore, it makes no difference whether your previous DUIs occurred in Colorado or not. They can happen in any state and still count against you.

DWAI

In Colorado, DWAI penalties are administered similarly to DUI penalties. The severity of the penalties you face is determined by how many previous DWAI convictions you have.

First DWAI

This is considered a misdemeanor offense. It is punishable by the following:
  • A minimum of two days in jail and a maximum of six months in prison
  • Fines of up to $500 are possible.
  • Community service of up to 48 hours
  • 8 DMV Points

Second DWAI

This is a misdemeanor offense. It is punishable by the following:
  • A minimum of 10 days to a maximum of 12 months in prison
  • Community service of up to 120 hours
  • DMV points: 8
  • Driver's license suspension for up to 12 months

Third DWAI

This is a misdemeanor offense punishable by:
  • A minimum of 60 days in jail and up to 12 months in prison
  • Fines of up to $1,500
  • Community service of up to 120 hours
  • DMV points: 8
  • Two-year license suspension

Fourth DWAI

This is a Class 4 felony punishable by:
  • A minimum of two years in prison and a maximum of six years
  • Fines of up to $500,000
  • Two-year license suspension