DUI Third Offense

The potential penalties you face for a DUI, DUI per se, or DWAI charge increase substantially when you have two or more prior convictions on your record. Fortunately, Colorado recently declined to make a 3rd offense a felony. However, while still a misdemeanor offense, drivers facing their 3rd alcohol-related driving offense are in serious trouble and face significant jail time in the county jail as most judges have a three strikes and you are out policy. The following is a chart of potential sentences for a third DUI conviction:






60 days county jail

1 year county jail

Suspended Jail

1 year

1 year




Community Service

48 hours

120 hours


2 years

4 years

Driver’s License Revocation

no revocation

2 years (or longer depending on driving history)


You are facing a minimum 60-day jail sentence if you have been charged with DUI, DUI per se, or DWAI, and have two or more prior convictions in your lifetime on your record. The judge may authorize work release, but no “good time” credit can be earned toward your release date; therefore, you have to serve at least a total of 60 consecutive days from inside the county jail. Additionally, the judge must impose a one-year suspended sentence that you may be required to serve if you fail to complete any conditions of your probation. The judge will also order an alcohol and drug evaluation, and you will be required to complete any recommended education or therapy.

Despite the minimum 60-day jail sentence, almost all Colorado judges impose a jail sentence much longer than 60 days for a third DUI conviction.  In fact, most third offenders are sentenced to serve closer to the maximum sentence than the minimum sentence.

Aside from the various court penalties, if you have been charged with DUI, DUI per se, or DWAI, and you have two or more prior convictions for similar offenses, you could be facing significant driver’s license consequences. For instance, you could face a revocation of two years or longer depending on your driving history and could be required to install an ignition interlock device on your car for a minimum of two years. Additionally, depending on the dates of your prior convictions, you could be facing a Habitual Traffic Offender revocation, which could result in a five-year revocation of your driver’s license.

Contact an experienced DUI defense attorney today to schedule a case evaluation

If you are facing a third DUI charge, be sure to contact a qualified Denver DUI attorney who can advise you of the penalties you are facing given your specific set of circumstances, and can help you reach the most favorable disposition in your DUI case. To schedule a phone consultation with one of our attorneys, please call the Tiftickjian Law Firm today at (303) 384-5280.