Colorado DUI/DWI Laws

Colorado law enforcement refers to drunk driving offenses as either

  • DUI (Driving Under the Influence), triggered by .08% or higher BAC, or
  • DWAI (Driving While Ability Impaired), triggered by .05% BAC or higher (but less than .08% BAC).
  • DUI (driving under the influence) is a serious matter that needs to be handled by a professional attorney. This will make sure that all your rights are protected under the various rules of the law.
  • Colorado modified the amount of time an offender is required to stay in jail for a DUI conviction and now imposes a 10-day minimum jail term for a second offense as well as a 60-day minimum jail sentence for a third and subsequent offenses. Additionally, the law has eliminated the requirement that an offender wear an ankle bracelet leaving only two options: either serve requisite time or apply for a work release program.
  • 1st Colorado DUI Offense

    Jail – From 5 Days to 1 Year   Fine - From $600 - $1,000     License Suspension – 9 Months License Points – 12

    First time offenders will be faced with a minimum fine amount of $300 plus all associated court costs, up to a maximum fine amount of $1,000 plus all associated court costs. The court does have the discretion to impose a large fine amount if it is determined to be necessary A first time DUI offense will result in a minimum jail sentence of 5 days up to a maximum of 5-years.

    2nd Colorado DUI Offense

    Blood Alcohol Content .08 or Above   Jail – From 90 Days to 1 Year  Fine – From $1,000 to $1500  License Suspension – 1 Year


    Some of the penalties you face for a 2nd or subsequent DUI charge include:


    • Minimum 10 day jail sentence
    • Additional jail time of 90 days to 1 year
    • Fines reaching $1500
    • At least 60 hours community service and up to 120 hours


    Your driver’s license will also be revoked, typically for a minimum period of 90 days. Because both the DMV and the criminal courts have a say in the length of your revocation, you risk losing your license for some time.

    3rd Colorado DUI Offense

    Blood Alcohol Content .08 or Above  Jail – From 70 Days to 1 Year  Fine – From $900 to $1,500 License Suspension – 2 Years

    A 3rd offense DUI or DWAI in Colorado can have serious consequences including license suspension, mandatory jail time and fines. Any prior DUI (no matter when it occurred) counts as a prior for purposes of tabulating a third offense.  Driving under the influence (DUI) requires.08% blood alcohol content (BAC) while driving while ability impaired (DWAI) requires a BAC between .05% and .08% BAC or other evidence of drug or alcohol impairment.

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