My Car Quest

June 29, 2022

Penalties for DUI in Colorado

Colorado has very strict DUI laws that make it a crime to operate any type of vehicle while under the influence of drugs, alcohol, or both. Aurora DUI Lawyers want to remind you that people will be charged with a DUI per se when driving with a blood alcohol content of 0.08% or higher, even if they feel they can drive safely and are unimpaired. This does not mean that if your BAC is lower, you will face no consequences because Colorado has a lesser offense that applies to drivers with a BAC of 0.05% or lower. This is called a DWAI or Driving While Ability Impaired. Also, with each new conviction, you will be facing stiffer penalties and consequences. Read on to find out what they are.

First DUI or DUI Per Se

This is considered a traffic misdemeanor and carries the following penalties:

Jail time – Between 5 days and 1 year, although the time increases with a BAC of .020% or above.

Fines – Between $600 and $1,000

Community service – Between 48 and 96 hours.

License suspension – 9 months.

DMV points – 12

Also – Possible alcohol education classes and up to 2 years probation.

Second DUI or DUI Per Se

This is also considered a traffic misdemeanor and carries the following penalties:

Jail time – Between 10 days and 1 year.

Fines – Between $600 and $1,500

Community service – Between 48 and 120 hours.

License revocation – 1 year.

Ignition interlock device – 2 years

DMV points – 12

Also – Alcohol education classes and at least 2 years probation.

Drink

Third DUI or DUI Per Se

This is also considered a traffic misdemeanor and carries the following penalties:

Jail time – 60 consecutive days to 1 year.

Fines – Between $600 and $1,500

Community service – Between 48 and 120 hours.

License suspension – 2 years.

Ignition interlock device – 2 years

DMV points – 12

Also – Alcohol education classes and at least 2 years probation.

First DWAI

This is also considered a traffic misdemeanor and carries the following penalties:

Jail time – Between 2 and 180 days.

Fines – Between $200 and $500

Community service – Between 24 and 48 hours.

DMV points – 8

Also – Up to 2 years probation.

Second DWAI

This is also considered a traffic misdemeanor and carries the following penalties:

Jail time – Between 10 days and 1 year.

Fines – Between $600 and $1,500

Community service – Between 48 and 120 hours.

DMV points – 8

Also – At least 2 years probation.

Third DWAI

This is also considered a traffic misdemeanor and carries the following penalties:

Jail time – Between 60 days and 1 year.

Fines – Between $600 and $1,500

Community service – Between 48 and 120 hours.

License suspension – 2 years

DMV points – 8

Also – At least 2 years probation.

Fourth DUI or DWAI

This is considered a class 4 felony and carries the following penalties:

Jail time – Between 2 and 6 years in Colorado State Prison with 3-year parole.

Fines – Between $2,000 and $500,000.

License revocation – 2 years.

Vehicular Assault

This is defined as a Class 4 felony and carries the following penalties because it is a DUI that caused a serious injury:

Jail time – Between 2 and 6 years in prison with 3-year parole.

Fines – Between $2,000 and $500,000.

License revocation – 1-year minimum.

Vehicular Homicide

This is defined as a Class 3 felony and carries the following penalties because it is a DUI that caused a death:

Jail time – Between 4 and 12 years in prison with 5-year parole.

Fines – Between $3,000 and $750,000.

License revocation – 1-year minimum.

Can you refuse to take a breathalyzer test in Colorado?

Unfortunately, refusing to take a breathalyzer test also carries penalties. Your first refusal will carry a 1-year license suspension, while the second time will come with a 2-year suspension. You may be able to get a restricted license after two months if you agree to install an ignition interlock device. Unfortunately, having an IID installed does not grant you full driving privileges. A restricted license implies that you must follow certain restrictions, such as only being able to drive to and from work, to and from school, or to and from medical appointments if you or someone you care for is receiving a medical treatment that cannot be interrupted.

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