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