DUI Penalties in Colorado

CRIMINAL PENALTIES UPON CONVICTION IN COURT
COURT CONVICTIONJAIL RANGEMANDATORY JAILMAXIMUM JAILPUBLIC SERVICEMINIMUM LICENSE REVOCATIONPERIOD OF PROBATION
1st DWAI2 days – 180 daysNone180 days24 – 48 hoursNoneUp to 2 years
1st DUI5 days – 1 yearNone1 year48 – 96 hours9 monthsUp to 2 years
DUI w/ BAC ≥ 0.20010 days – 1 year10 days1 year48 – 96 hours9 monthsUp to 2 years
2nd DUI or DWAI – outside 5 years10 days – 1 year10 days1 year48 – 120 hours1 year / None2 – 4 years
2nd DUI or DWAI – inside 5 years10 days – 1 year10 days1 year48 – 120 hours1 year2 – 4 years
3rd DUI or DWAI60 days – 1 year60 days2 years48 – 120 hours2 years2 – 4 years
4th or Subsequent DUI or DWAI90 days jail – 6 years prison90 days S/T

120 days W/R

6 years prisonDiscretion of court2 yearsUp to 12 years
1st UDDNoneNoneNoneUp to 24 hours3 monthsNone
2nd UDD10 days – 90 daysNone90 daysDiscretion of court6 monthsUp to 90 days
3rd or Subsequent UDD10 days – 90 daysNone90 daysDiscretion of court1 yearUp 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
OffenseLength of License RevocationEarly Reinstatement Eligibility
Failed BAC – ≥ 0.08%9 monthsAfter 1 month
2nd Failed BAC – ≥ 0.08%1 yearAfter 1 month
3rd or subsequent Failed BAC – ≥ 0.08%2 yearsAfter 1 month
1st Refusal1 yearAfter 2 months
2nd Refusal2 yearsAfter 2 months
3rd or subsequent Refusal3 yearsAfter 2 months
1st DWAI criminal convictionNoneN/A
1st DUI criminal conviction9 monthsAfter 1 month
2nd DUI or DWAI criminal conviction within a 5-year period1 yearAfter 1 month
3rd or subsequent DUI or DWAI criminal conviction2 yearsAfter 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 / Suspension1 yearOnly 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 yearsOnly 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 period5 yearsOnly 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.