DUI Laws of Colorado

Colorado has DUI laws that are pretty much in line with other states and prohibit operation of a motor vehicle with BAC level of 0.08 percent or above.  However, Colorado also has a Driving While Ability Impaired (DWAI) law that makes it unlawful for anyone to operate a motor vehicle with BAC level of 0.05 percent or above.  Specifically, the driving laws of Colorado prohibit the following conduct:

• Anyone under the age of 21 operating a vehicle with BAC 0.02 or above;
• Anyone under the age of 21 driving while in possession of alcohol;
• Drivers over the age of 21 driving with BAC level between 0.05 to 0.07 (Driving while Impaired);
• Drivers over the age of 21 operating a vehicle with BAC of 0.08 or above (DUI); and
• Drivers operating a vehicle under the influence of drugs or alcohol or both (DWAI).

First DUI Conviction:

For a first DUI conviction, drivers may face jail time ranging from 5 days to 1 year and monetary fines ranging from $600 to $1000.  Jail time, however, could be suspended if the drivers complete an alcohol treatment program.  In addition, drivers will likely face suspension of their drivers’ license for up to 9 months and be required to complete 48 to 96 hours of community service.

First DWAI Conviction:

For a first DWAI (BAC between 0.05 to 0.08) conviction in Colorado, drivers may face jail time ranging from 48 hours to 180 hours and fines ranging from $200 to $500.  There is, however, no required license suspension.  Drivers may also be required to complete 28 to 48 hours of community service.

Second DUI Conviction:

Drivers convicted of a DUI within 5 years of their first DUI conviction will face jail time ranging from 90 days to 1 year and fines ranging from $1000 to $1500.  In addition, drivers will face license suspension for up to a year and before their license can be reinstated, the drivers will be required to install an Ignition Interlock Device.  Drivers will also be required to complete 60 to 120 hours of community service.

Second DWAI Conviction:

Drivers facing a second DWAI conviction may face jail time ranging from 90 days to 1 year and fines ranging from $1000 to $1500.  Also, they will face license suspension for up to a year and be required to complete 60 to 120 hours of community service.

Third DUI Conviction:

For a third DUI conviction, which is considered a very serious offense, drivers will face 70 days to 1 year of jail time and fines ranging from $900 to $1500.  In addition, for a third DUI conviction, license will be suspended for 2 years and in order to reinstate the license, the drivers will be required to install Ignition Interlock Device in their vehicle at the drivers’ own expense.  In addition, drivers will be required to complete 56 to 112 hours of community service.

Third DWAI Conviction:

For a third DWAI conviction, drivers will face jail time ranging from 45 days to 1 year and fine from $600 to $1000.  In addition, drivers will face license suspension for up to 2 years and be required to complete 48 to 96 hours of community service.

Other Links:

• Colorado Drunk Driving Laws Manual

Colorado DUI Laws Summary

In Colorado, an individual may either be charged with driving under the influence (DUI) or driving while impaired (DWI). This state’s drunk driving law consists of both a criminal case, which involves potential incarceration, alcohol classes, court imposed fines and costs, community service and a civil case that involves the potential for having a driver’s license revoked. Anyone who has been arrested for DUI must request a hearing at the DMV within one week or face an automatic license suspension for 90 days.

First offences typically carry a fine ranging from $300.00 to $1,500.00 with possible incarceration for a minimum of five days and a maximum of one year. For first time offenders, 10 days in jail is common. In addition, driver’s licenses are often suspended for one year and the offender is ordered to community service ranging from 48 to 96 hours. Depending on the blood alcohol content as determined by the officer’s evaluation, offenders may be required to attend alcohol education classes and/or therapy.

If an offender is convicted as having a blood alcohol content of .20% or higher, he/she may face fines ranging from $500.00 to $1,500.00 and jail time ranging from 90 days to 1 year. In this instance, 10 days of incarceration is required. In addition to a license suspension of 1 year, the offender may also be required to perform community service for a minimum of 60 hours and up to a maximum of 120 hours. A youthful offender, which is defined as anyone under the age of 21, is subject to penalties and fines similar to those placed upon adults.

Upon conviction or an admission of guilt, DUI offenders are often faced with problems relating to their insurance company. Immediately being labeled as “high risk,” offenders are sometimes dropped by their insurance company altogether or, at the very least, are required to pay much higher rates than before. If an insurance company cancels the policy and leaves the offender to search for a new carrier, he/she may have a difficult time finding a new company willing to offer a policy.

In Colorado, the estimated costs involved with a DUI arrest, including fines, possible insurance rate increases, required alcohol classes, attorney and miscellaneous fees, is just below $9,000.00.