For more than 20 years, I have represented clients charged with DUI, DWAI, and other criminal and traffic offenses in courts throughout Colorado, including those pictured below.

A conviction for DUI or DWAI in Colorado can result in jail, substantial fines, probation, community service, driver’s license consequences, mandatory alcohol education and treatment, and the installation of an ignition interlock device. The penalties depend upon many factors, including whether this is your first offense, your blood alcohol concentration (BAC), your prior alcohol-related driving history, and the specific facts of your case.

This page provides a general overview of the penalties authorized under Colorado law for DUI, DUI per se, and DWAI offenses. Because every case is different, the information below should not be considered a substitute for individualized legal advice.

Colorado DUI Penalties at a Glance

Colorado law generally imposes progressively harsher penalties for repeat alcohol- and drug-related driving offenses. In addition to jail and fines, courts frequently order probation, Level II alcohol education and therapy, useful public service (community service), victim impact panels, monitored sobriety, and other conditions designed to reduce future impaired driving.

While the sentencing statute establishes minimum and maximum penalties, judges retain discretion in many areas, particularly for first-time offenders. Early mitigation efforts, completion of treatment, and the facts surrounding the arrest may significantly affect the ultimate outcome of a case.

First-Offense DUI Penalties

A first conviction for DUI or DUI per se generally carries the following penalties:

• Jail: 5 days to 1 year (the mandatory minimum may be suspended if statutory conditions are satisfied)
• Fine: $600–$1,000
• Community Service: 48–96 hours
• Probation: Up to 2 years
• Alcohol Education/Treatment: Typically required following an alcohol evaluation

If your BAC was 0.20 or higher, Colorado law generally requires a mandatory minimum jail sentence of 10 days, although certain sentencing alternatives may still be available depending upon the circumstances.

First-Offense DWAI Penalties

A first conviction for Driving While Ability Impaired (DWAI) generally carries less severe penalties than DUI, but it remains a criminal offense with significant consequences.

Typical penalties include:

• Jail: 2 days to 180 days (the mandatory minimum may be suspended if statutory conditions are satisfied)
• Fine: $200–$500
• Community Service: 24–48 hours
• Probation: Up to 2 years

As with DUI, a BAC of 0.20 or greater substantially increases the mandatory minimum jail sentence.

Second-Offense DUI or DWAI

A second alcohol-related driving conviction carries substantially greater penalties.

Possible consequences include:

• Mandatory minimum jail sentence
• Higher fines
• Increased community service
• At least two years of probation
• Mandatory Level II alcohol education and treatment
• Possible continuous alcohol monitoring
• Ignition interlock requirements

Depending upon the timing of the prior conviction and the county where the case is prosecuted, some sentencing alternatives such as work release or education release may still be available.

Third-Offense DUI or DWAI

A third alcohol-related driving conviction typically results in substantially increased mandatory jail time together with lengthy probation, alcohol treatment, community service, and additional court supervision.

Colorado law also authorizes courts to consider residential treatment or community corrections in appropriate cases when statutory requirements are satisfied.

Felony DUI

Unlike many states, Colorado generally charges a fourth alcohol-related driving offense as a felony, regardless of when the prior offenses occurred.

A felony DUI conviction may result in:

• County jail as a condition of probation
• Community corrections
• Department of Corrections (prison) in appropriate cases
• Mandatory treatment
• Significant probationary supervision
• Ignition interlock requirements
• Long-term collateral consequences associated with a felony conviction

Not every felony DUI case is sentenced the same way. Colorado law places significant emphasis on treatment while also allowing incarceration when warranted by the facts of the case.

Prior Convictions From Other States

Colorado uses lifetime prior alcohol-related driving convictions when determining many DUI sentencing enhancements.

In addition to prior Colorado DUI convictions, certain convictions from other states may also qualify as prior offenses. Whether a particular out-of-state disposition legally counts as a prior conviction can sometimes be a contested issue requiring careful legal analysis.

More Than Jail and Fines

Many people focus only on the possibility of jail. In reality, a DUI conviction often involves numerous additional consequences, including:

• Driver’s license revocation
• Ignition interlock requirements
• Level II education and therapy
• Victim Impact Panel attendance
• Continuous alcohol monitoring in some cases
• Increased insurance premiums
• Employment consequences
• Professional licensing issues

These collateral consequences frequently have a greater long-term impact than the criminal sentence itself.

Every DUI Case Is Different

Although Colorado law establishes minimum and maximum penalties, no two DUI cases are exactly alike.

Factors that frequently affect negotiations and sentencing include:

• Blood alcohol concentration
• Refusal of chemical testing
• Prior criminal history
• Accident or injuries
• Cooperation with law enforcement
• Completion of treatment before sentencing
• Personal mitigation
• Strengths and weaknesses in the evidence

An experienced DUI attorney can evaluate these factors and develop a strategy tailored to your individual case.

Frequently Asked Questions

Speak With an Experienced Colorado DUI Lawyer

If you have been charged with DUI, DUI per se, or DWAI anywhere in Colorado, understanding the potential penalties is only the first step. Every case presents unique legal and factual issues that should be carefully evaluated before deciding how to proceed.

Contact The Law Office of Monte J. Robbins, Esq. today to discuss your case and your available options.