What are DUI penalties in Colorado?
Colorado DUI law, C.R.S. §§ 42-4-1301 and 42-2-126, uses a unique two-tier impaired driving framework with separate DWAI charge.
1. BAC Limits — DUI per se: .08% for drivers 21+; DWAI: .05-.079% or impairment 'to the slightest degree'; UDD ('Underage Drinking and Driving'): .02-.05% for drivers under 21; .04% for commercial drivers.
2. First DUI Offense — Misdemeanor: 5 days to 1 year jail (suspendable for first offense if BAC under .20), $600-$1,000 fine, 9-month license revocation, 24-48 hours community service, 2 years probation, alcohol education/treatment, $216 victim impact panel fee.
3. First DUI with BAC .20+ ('Persistent Drunk Driver') — Mandatory minimum 10 consecutive days jail, mandatory IID for 2 years.
4. First DWAI (.05-.079) — Misdemeanor: 2 days to 180 days jail, $200-$500 fine, 8 points (no automatic revocation), 24-48 hours community service.
5. Second DUI/DWAI within Lifetime — Misdemeanor: 10 days to 1 year jail (no early release), $600-$1,500 fine, 1-year license revocation (or longer based on prior), 48-120 hours community service, mandatory IID for 2 years, $231-$2,500 in fines/fees.
6. Third DUI/DWAI within Lifetime — Misdemeanor: 60 days to 1 year jail (no early release), $600-$1,500 fine, 2-year license revocation, mandatory IID for 2 years.
7. Fourth DUI/DWAI within Lifetime — Class 4 felony: 2-6 years prison, $2,000-$500,000 fine, 2-year license revocation. Felony elevation became law in 2015 (HB 15-1043).
8. Vehicular Assault (§ 18-3-205) — Class 4 felony: 2-6 years prison.
9. Vehicular Homicide While Intoxicated (§ 18-3-106) — Class 3 felony: 4-12 years prison.
10. Implied Consent (§ 42-4-1301.1) — Refusing chemical test (Express Consent law) triggers 1-year license revocation for first refusal (2 years for second). Designated as 'Persistent Drunk Driver' status with mandatory IID.
11. Aggravating Factors — Child passenger under 16 is Class 1 misdemeanor child abuse; BAC .20+ triggers 'Persistent Drunk Driver' status with enhanced penalties.
This is legal information, not legal advice.
- Any DUI charge — always get an attorney
- Accident with injuries
- Prior DUI convictions
- Felony fourth DUI
- Colo. Rev. Stat. § 42-4-1301
- Colo. Rev. Stat. § 42-4-1301.1
- Colo. Rev. Stat. § 42-2-126
- Colo. Rev. Stat. § 18-3-106
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.