Colorado DUI Penalties — Fines, Jail & Probation
Common consequences to discuss with counsel.
First offense §42-4-1301
A first DUI in Colorado is classified as a misdemeanor.
- Jail: 5 days (may be suspended upon completion of alcohol education program; 10 days if BAC ≥ 0.20) minimum to 1 year maximum
- Fine: $600 to $1,000 (plus surcharges up to ~$500)
- License suspension: 9 months
- Substance abuse program: mandatory alcohol/drug evaluation and Level II education (24 hours) and therapy required
- Community service: 48 to 96 hours mandatory
- Probation: available
Second offense
- Jail: 10 days (must be served consecutively if prior was within 5 years) minimum to 1 year maximum
- Fine: $600 to $1,500
- License suspension: 1 year; eligible for early reinstatement after 1 month with IID
Third and subsequent offenses
- Jail/prison: 60 days minimum to 1 year maximum
- Fine: $600 to $1,500
- License suspension: possible 5-year revocation under habitual traffic offender statute if 3 alcohol-related offenses within 7 years
- Felony threshold: fourth DUI/DWAI/DUI per se is a Class 4 felony (2-6 years prison, $2,000-$500,000 fine, mandatory 3-year parole)
Penalty comparison by offense tier
| Offense | Jail Range | Fine Range | License Suspension | |
|---|---|---|---|---|
| First DUI | 5 days (may be suspended upon completion of alcohol education program; 10 days if BAC ≥ 0.20)–1 year §42-4-1301 | $600–$1,000 (plus surcharges up to ~$500) §42-4-1301 | 9 months §42-4-1301 | |
| Second DUI | 10 days (must be served consecutively if prior was within 5 years)–1 year §42-4-1301 | $600–$1,500 §42-4-1301 | 1 year; eligible for early reinstatement after 1 month with IID §42-4-1301 | |
| Third DUI | 60 days–1 year §42-4-1301 | $600–$1,500 §42-4-1301 | possible 5-year revocation under habitual traffic offender statute if 3 alcohol-related offenses within 7 years §42-4-1301 |
Lookback period
Colorado uses a lifetime (all prior DUI/DWAI/DUI per se convictions count forever) Lookback period to determine how prior offenses affect sentencing. Only DUI convictions within this window count toward the escalating penalty tiers.
Enhanced penalties for aggravating factors
- BAC ≥ 0.15 (Persistent Drunk Driver designation)
- BAC ≥ 0.20 (enhanced jail minimum of 10 days)
- Vehicular assault
- Child passenger (aggravating factor at sentencing)
What these penalties mean in practice
Mandatory minimums cannot be suspended or reduced by the judge — they must be served. Fines do not include surcharges, court costs, and program fees, which can substantially increase the total financial impact. License suspension affects employment, insurance rates, and daily logistics.
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Frequently Asked Questions
General answers to common questions. Specific outcomes depend on your facts and timing.
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