DUI Second Offense in Colorado

In Colorado, a second DUI (Driving Under the Influence) or DWAI (Driving While Ability Impaired) conviction requires mandatory incarceration and supervised probation. Unlike a first offense, the sentences for a second DUI and DWAI are the same, despite DWAI being considered a lesser offense. It does not matter whether the prior conviction was a DUI or DWAI. A second offense DUI or DWAI is a misdemeanor.

Mandatory Minimum Incarceration

The jail sentence for a second DUI or DWAI in Colorado is at least 10 days in jail. The term of incarceration can be up to one year. Most judges consider a sentence above the minimum ten-day sentence. The factors considered are the age of the prior offense, the severity of the new conviction, whether there was an accident involved, the person’s BAC (blood or breath alcohol content), and other aggravating or mitigating facts in the case. In addition, a judge will usually consider what rehabilitative steps an offender takes when imposing a sentence.

The most desired incarceration for a second offense is in-home detention. This is also referred to as electronic home monitoring in some Colorado counties. Home detention is only available if the prior conviction was outside of 5-years from the current offense. In addition, many judges do not consider house-arrest when sentencing a defendant for a second DUI or DWAI conviction despite how old the prior conviction is.

A sentencing judge must also suspend a full one-year jail sentence on the condition that the offender successfully completes at least two-years of supervised probation.

The following table depicts the possible penalties that arise when you are facing a second offense DUI, DUI per se, or DWAI:

Mandatory Supervised Probation

Probation is also mandatory for a second offense in Colorado. The term can be as little as two-years and as long as four-years. Monitored sobriety is a condition of supervised probation. This requires a defendant to be subject to random urine or breath testing throughout the term of the probation. A violation, such as a missed test, a positive test, or a diluted test can result in a suspended jail sentence being imposed. Conditions of probation also include undergoing a mandatory alcohol and substance abuse evaluation and completing the state required alcohol and drug education and therapy requirements. These requirements typically include approximately a year of substance abuse education and therapy and may also include inpatient or intensive outpatient treatment.

Mandatory Community Service

For a second DUI or DWAI conviction, a sentencing judge must include 48 to 120 hours of community service. These hours must be completed at an official non-profit (see Internal Revenue Code Section 501(c)(3)).

Driver’s License Revocation

A second offense will deem a person to be a “persistent drunk driver” (PDD) under Colorado law. There are multiple ways a person can be classified as a PDD, such as a refusal, BAC of 0.15 or more, or a multiple offense. Any prior conviction or DUI-related driver’s license revocation would also put someone in this category. The consequence of being in the PDD category is a mandatory 2-year ignition interlock restricted license. This means an offender must comply with an ignition interlock restricted license as a condition of driving for two-full years.

Fines, Fees and Court Costs

The fine for a second offense DUI or DWAI is between $600 to $1,500. In addition, there are about $800 in mandatory court costs, as well as $50 per month in probation fees. Two years of supervised probation, for example, will cost $1,200 in probation fees. There are many more costs associated with a multiple-offense DUI or DWAI conviction such as the cost of maintaining an ignition interlock device, public service fees, and increased auto-insurance and SR22 insurance cost, and the cost of ongoing DUI education and therapy.