Under current Colorado DUI law, a second DUI or DWAI offense requires a mandatory jail sentence, but the judge has the option of imposing this sentence on electronic home monitoring, with work release, or through other arrangements.

In Colorado, unless there are aggravating facts such as an accident resulting in serious injury or death, a DUI is not a felony, and the maximum sentence is up to one year in a county jail. Other states have increased penalties for DUI offenses in recent years, including creating a felony for second offenses. For example, New York classifies a second DUI conviction within 10 years as a Class E felony.