When someone is arrested for drunk or impaired driving in Colorado, one of their first concerns is how a DUI will affect their lives under Colorado DUI penalties and Colorado DUI laws. Will they go to jail, lose their license, face administrative penalties, or have to pay large fines and court costs?
Unfortunately for the driver facing DUI charges, all three—and more—may be in store. When it comes to DUI penalties, such as alcohol related driving offenses and drug-related driving offenses, Colorado is one of the strictest states in the country under state law and the Colorado Revised Statutes.
Blood Alcohol Content (BAC) Limits in Colorado
Colorado has a 0.08% per se limit, which means that a driver whose blood alcohol content is 0.08% or above can be charged with driving under the influence, even if they do not show any sign of impairment or are only impaired to the slightest degree.
If a driver’s BAC is 0.17% or higher, they can be charged with aggravated DUI, which comes with more severe penalties imposed on the individual.
Drivers who are under 21 are subject to a zero-tolerance law in Colorado. If an underage driver’s BAC is 0.02% to 0.05%, they can be charged with Underage Drinking and Driving (UDD), one of several alcohol related driving violations.
First-Time DUI Penalties
A first offense drunk driving offense is a misdemeanor and part of the broader category of alcohol offense cases. The criminal penalties depend on whether the charge is for DUI or DWAI, also known as ability-impaired driving. Generally, DWAI charges carry less severe penalties. Hiring an experienced criminal defense attorney can make a big difference in your criminal case.
For a first-time DUI offense, the penalties are:
- Jail: 5 days to 1 year
- Fines: $600 to $1,000, plus court costs
- License suspension: 9 months,
- Public Service: 48 to 96 hours
- Ignition Interlock Device: 8 months
For a first-time DWAI offense, the penalties are:
- Jail: 2 to 180 days in jail
- Fines: $200 to $500
- Public Service: 24 to 48 hours
Second-Time DUI Penalties
If you have a prior conviction for drunk or impaired driving and are charged with a second offense, it doesn’t matter if your second offense is a DUI or DWAI. The penalties are the same. For a second-time DUI or DWAI offense, the penalties are:
- Jail: 10 days to 1 year
- Fines: $600 to $1,500
- License Suspension: 1 year (if the second conviction is 5 years or less after the first), which may require applying for a restricted license
- Public Service: 48 to 120 hours, including a potential mandatory minimum time of public service
- Ignition Interlock Device: 2 to 5 years
Third-Time DUI Penalties
For a third-time DUI or DWAI offense, the penalties are:
- Jail: 60 days to 1 year, which may include a mandatory offense jail term
- Fines: $600 to $1,500
- License Suspension: indefinite driver’s license revoked status, but you can apply for reinstatement after 2 years through the Colorado DMV hearings
- Public Service: 48 to 120 hours of community service
Ignition Interlock Device: 2 to 5 years
High BAC DUI
Drivers with an extremely high BAC may be charged with aggravated DUI. This carries increased penalties and a substantial likelihood of mandatory jail time and potential license revocation if convicted, including extended days in jail.
Felony DUI
Fourth-time or subsequent DUI or DWAI offenses are considered a Class 4 Felony under Colorado law. Under Colorado law, a Class 4 Felony carries a minimum sentence of 2 years and can range up to 6 years with potential severe penalties.
Alcohol Education Classes
All drivers who are convicted of a DUI, DWAI, or DUI per se must undergo an alcohol or drug assessment, including level II alcohol education and therapy treatment programs. The driver is responsible for all costs associated with the programs.
Ignition Interlock Device
An ignition interlock device is essentially a breathalyzer that is wired into your car. The driver must blow into the device in order to start the car as part of a driving privilege restraint.
The issue with interlock devices is that they are very costly. A driver who is required to use such a device will be expected to assume the cost of installing the device as well as a monthly fee for as long as it is in use.
Alcohol Vs. Marijuana DUI
It is illegal to operate a motor vehicle while under the influence of marijuana. Colorado’s legal limit for delta 9-tetrahydrocannabinol (also known as THC, the active ingredient in marijuana) is 5 nanograms per milliliter of blood, and cases like these fall under drug-related driving offenses.
Marijuana DUIs carry the same penalties as an equivalent alcohol DUI.
Refusing A Chemical Test (Express Consent Law)
Colorado’s Express Consent Law requires all drivers to submit to a drug or alcohol test if a police officer has reasonable grounds to believe that they are driving under the influence as part of the chemical testing process. If you refuse testing, your license will automatically be suspended through separate DMV hearings with the Colorado DMV.
- First refusal: 1-year suspension
- Second refusal: 2-year suspension
- Third refusal: 3-year suspension
Getting Your License Reinstated Early
Some drivers may qualify to get their suspended license reinstated early. To do so, they will have to pay a fee and may have to go into the Ignition Interlock program to restore limited driving privileges.
DUIs In Other States
Colorado residents who incur a DUI in another state will generally have to face the same penalties that they would if the DUI happened in Colorado. You (or your lawyer) may be required to travel back to that other state for each court proceeding in your DUI case.
You can expect that the other state will report the DUI back to Colorado, where it will be considered if you commit any offenses later on.
DUI “Lookback Period”
A “lookback period” is the amount of time that a drunk driving offense will stay on your record and taken into consideration for subsequent offenses. For example, if there were a 10-year lookback period, only DUIs within the past 10 years would “count” when determining whether a DUI was a first or second offense.
Colorado does not have a lookback period. This means that the state considers all impaired driving offenses within your lifetime to determine criminal sentencing under Colorado DUI penalties.
Experienced And Professional Colorado DUI Penalties Attorneys At McCabe Law
Have you been charged with a DUI or DWAI in Colorado? At McCabe Law, our legal team wants to help you avoid the unpleasant and costly penalties that come along with a DUI conviction. Boulder DUI attorney Janene McCabe is a leader among Colorado defense lawyers and is known throughout the state for her determination, skill, and dedication to her clients.
Colorado DUI penalties can change your life forever. Having experienced and proven legal representation on your side puts you in the best possible position to challenge DUI charges and protect your legal rights. We understand you’re in a difficult spot and treat you with the compassion and respect you deserve.
McCabe Law is conveniently located in Boulder and serves clients in counties throughout Colorado. Let us put our experience to work for you. To set up a free, no-obligation case evaluation, please contact our offices today or call 720-713-7416.