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
1^st DWAI	2 days – 180 days	None	180 days	24 – 48 hours	None	Up to 2 years
1^st 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
2^nd DUI or DWAI – outside 5 years	10 days – 1 year	10 days	1 year	48 – 120 hours	1 year / None	2 – 4 years
2^nd DUI or DWAI – inside 5 years	10 days – 1 year	10 days	1 year	48 – 120 hours	1 year	2 – 4 years
3^rd DUI or DWAI	60 days – 1 year	60 days	2 years	48 – 120 hours	2 years	2 – 4 years
4^th 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
1^st UDD	None	None	None	Up to 24 hours	3 months	None
2^nd UDD	10 days – 90 days	None	90 days	Discretion of court	6 months	Up to 90 days
3^rd 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
2^nd Failed BAC – ≥ 0.08%	1 year	After 1 month
3^rd or subsequent Failed BAC – ≥ 0.08%	2 years	After 1 month
1^st Refusal	1 year	After 2 months
2^nd Refusal	2 years	After 2 months
3^rd or subsequent Refusal	3 years	After 2 months
1^st DWAI criminal conviction	None	N/A
1^st DUI criminal conviction	9 months	After 1 month
2^nd DUI or DWAI criminal conviction within a 5-year period	1 year	After 1 month
3^rd 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
2^nd 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.