DUI Penalties in Colorado

CRIMINAL PENALTIES UPON CONVICTION IN COURT
COURT CONVICTION JAIL RANGE MANDATORY JAIL MAXIMUM JAIL PUBLIC SERVICE MINIMUM LICENSE REVOCATION PERIOD OF PROBATION
1st DWAI 2 days – 180 days None 180 days 24 – 48 hours None Up to 2 years
1st DUI 5 days – 1 year None 1 year 48 – 96 hours 9 months Up to 2 years
DUI w/ BAC ≥ 0.200 10 days – 1 year 10 days 1 year 48 – 96 hours 9 months Up to 2 years
2nd DUI or DWAI – outside 5 years 10 days – 1 year 10 days 1 year 48 – 120 hours 1 year / None 2 – 4 years
2nd DUI or DWAI – inside 5 years 10 days – 1 year 10 days 1 year 48 – 120 hours 1 year 2 – 4 years
3rd DUI or DWAI 60 days – 1 year 60 days 2 years 48 – 120 hours 2 years 2 – 4 years
4th or Subsequent DUI or DWAI 90 days jail – 6 years prison 90 days S/T

120 days W/R

6 years prison Discretion of court 2 years Up to 12 years
1st UDD None None None Up to 24 hours 3 months None
2nd UDD 10 days – 90 days None 90 days Discretion of court 6 months Up to 90 days
3rd or Subsequent UDD 10 days – 90 days None 90 days Discretion of court 1 year Up to 90 days

*Note that the period of license revocation is based on all prior offenses appearing on the Colorado driving history

** Colorado residents may qualify for early reinstatement of their driving privileges and should contact the Colorado DMV to check on their eligibility and their reinstatement requirements.

 

DRIVER’S LICENSE PENALTIES UPON ADMINISTRATIVE REVOCATION
Offense Length of License Revocation Early Reinstatement Eligibility
Failed BAC – ≥ 0.08% 9 months After 1 month
2nd Failed BAC – ≥ 0.08% 1 year After 1 month
3rd or subsequent Failed BAC – ≥ 0.08% 2 years After 1 month
1st Refusal 1 year After 2 months
2nd Refusal 2 years After 2 months
3rd or subsequent Refusal 3 years After 2 months
1st DWAI criminal conviction None N/A
1st DUI criminal conviction 9 months After 1 month
2nd DUI or DWAI criminal conviction within a 5-year period 1 year After 1 month
3rd or subsequent DUI or DWAI criminal conviction 2 years After 1 month
Underage Drinking & Driving (UDD) – 0.02% – .079% 3 months – 1st offense
6 months – 2nd offense
1 year – 3rd or subsequent offense
After 1 month

Only Applies to a First Offense and only if the BAC was ≤ 0.050%

Driving Under Revocation / Suspension 1 year Only if the driver was under restraint for an alcohol-related driving restraint on the date of offense of the DUR
2nd Driving Under Revocation / Suspension

convictions in a 5-year period

3 years Only if the driver was under restraint for an alcohol-related driving restraint on the date of offense of the DUR
3rd Major Traffic Offense in a 7-year period 5 years Only if one of the qualifying offenses was an alcohol-related driving offense

*Note that the period of license revocation is based on all prior offenses appearing on the Colorado driving history

** Only Colorado residents may qualify for early reinstatement of their driving privileges.