Colorado DUI Laws & Drunk Driving Penalties
Overview of the penalties upon conviction of DUI in Colorado
Colorado DUI Laws, BAC limits, fines, jail times, IID requirements, suspension/revocation periods and SR22 insurance requirements for first time and repeat offenders with multiple DUI's.
If you've been charged with DUI in Colorado, the law allows only 7 days for a Colorado DUI Lawyer to make a request with the Colorado DMV (Department of Motor Vehicles) for a hearing to help save your drivers license.
What are the penalties for DUI in Colorado?
The penalties for driving under the influence in Colorado will depend upon the exact circumstances of each particular case and the number of previous offenses (if any) a person has.
Drunk driving cases in Colorado can be prosecuted in one of three ways:
DUI: Driving a vehicle when a person has consumed alcohol or one or more drugs that substantially affects that persons ability to drive a vehicle safely.
DUI per se: Driving a vehicle when a person has consumed enough alcohol in order for their BAC (blood alcohol content) to exceed the maximum legal prescribed limit. - DUI Penalties.
DWAI (driving with ability impaired): A person is presumed to be DWAI if a chemical test shows a blood alcohol level or more than 0.05% and less than 0.08%. - DWAI Penalties.
CO DUI Penalties
Colorado is a state with a 5 year 'washout period' also known as a 'look back period'
1st DUI Offense - Misdemeanor
(possible class 4 felony if injury related DUI)
The penalty upon conviction of a first DUI offense in Colorado:
- Fines: $600 to $1,000
- Surcharge: $100 to $500
- Imprisonment: 5 days to 1 year
- Drivers License Suspension: 9 months drivers license suspension
- Restricted Drivers License: ignition interlock restricted drivers license may be available after first 30 days of suspension period
- 48 to 96 hours of mandatory public service (community service)
- possible period of probation for up to 2 years
- CO SR22 Insurance (proof of financial responsibility) Requirement
2nd DUI Offense - Misdemeanor
(possible class 4 felony if injury related DUI)
The penalty upon conviction of a second DUI offense in Colorado:
- Fines: $600 to $1,500
- Surcharge: $100 to $500
- Imprisonment: 10 days to 1 year
- Drivers License Suspension: 12 months drivers license suspension
- Ignition Interlock: ignition interlock restriction for 2 years upon drivers license reinstatement
- 48 to 120 hours of mandatory public service (community service)
- a period of probation for at least 2 years
- alcohol and drug driving safety education/treatment program
- possible alcohol intake monitoring
- CO SR22 Insurance (proof of financial responsibility) Requirement
3rd DUI Offense - Misdemeanor
(possible class 4 felony if injury related DUI)
The penalty upon conviction of a third (or subsequent) DUI offense in Colorado:
- Fines: $600 to $1,500
- Imprisonment: 60 days to 1 year
- Drivers License Revocation: 24 months drivers license suspension
- Ignition Interlock: ignition interlock restriction for 2 years upon drivers license reinstatement
- 48 to 120 hours of mandatory public service (community service)
- a period of probation for at least 2 years
- alcohol and drug driving safety education/treatment program
- possible alcohol intake monitoring
- CO SR22 Insurance (proof of financial responsibility) Requirement
CO DWAI Penalties
1st DWAI Offense - Misdemeanor
The penalty upon conviction of a first DWAI offense in Colorado:
- Fines: $200 to $500
- Surcharge: $100 to $500
- Imprisonment: 5 days to 180 days
- Drivers License Suspension: no drivers license suspension
- 24 to 48 hours of mandatory public service (community service)
- possible period of probation for up to 2 years
- CO SR22 Insurance (proof of financial responsibility) Requirement
2nd DWAI Offense - Misdemeanor
The penalty upon conviction of a second DWAI offense in Colorado:
- Fines: $600 to $1,500
- Surcharge: $100 to $500
- Imprisonment: 10 days to 1 year
- Drivers License Suspension: 12 months drivers license suspension
- 48 to 120 hours of mandatory public service (community service)
- a period of probation for at least 2 years
- alcohol and drug driving safety education/treatment program
- possible alcohol intake monitoring
- CO SR22 Insurance (proof of financial responsibility) Requirement
3rd DWAI Offense - Misdemeanor
The penalty upon conviction of a third DWAI offense in Colorado:
- Fines: $600 to $1,500
- Surcharge: $100 to $500
- Imprisonment: 60 days to 1 year
- Drivers License Suspension: 24 months drivers license suspension
- 48 to 120 hours of mandatory public service (community service)
- a period of probation for at least 2 years
- alcohol and drug driving safety education/treatment program
- possible alcohol intake monitoring
- CO SR22 Insurance (proof of financial responsibility) Requirement
Implied Consent (Chemical Testing) Laws
In Colorado any person driving a motor vehicle is deemed to have given their consent for chemical testing of their breath, blood or urine in order to determine the alcohol content within their blood if lawfully arrested for driving under the influence. It is an offense to refuse to submit or fail to complete a blood alcohol test when required to do so.
Chemical Test Refusal Penalties - Colorado
First Chemical Test Refusal
- Drivers License Revocation: 1 year drivers license revocation
- CO SR22 Insurance (proof of financial responsibility) Requirement
Second Chemical Test Refusal
- Drivers License Revocation: 2 years drivers license revocation
- CO SR22 Insurance (proof of financial responsibility) Requirement
Third Chemical Test Refusal
- Drivers License Revocation: 3 years drivers license revocation
- CO SR22 Insurance (proof of financial responsibility) Requirement
What is the legal alcohol limit in Colorado
The maximum legal BAC (blood alcohol content) limits in Colorado for driving are as follows:
ADULT DRIVERS - BAC LIMIT = 0.08%
In the State of Colorado it is an offense for adult drivers to drive any regular motor vehicle with 0.08% or more, by weight, of alcohol in his/her blood.
DRIVERS UNDER 21 - BAC LIMIT = 0.02%
In the State of Colorado it is an offense for drivers under the age of 21 (minors) to drive any motor vehicle with 0.02% or more, by weight, of alcohol in his/her blood.
It is an offense to refuse to submit to a chemical test in Colorado and implied consent laws are enforced.
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