Colorado DUI Laws & Penalty Chart – The Definitive Guide

TL;DR: Colorado DUI Laws at a Glance

If you are facing a DUI or DWAI in Colorado, here are the critical facts you need to know right now:

• The Legal Limits: You can be charged with DUI with a Blood Alcohol Content (BAC) of 0.08% or higher. You can be charged with DWAI (Driving While Ability Impaired) with a BAC of above 0.05% to less than 0.08%.
• First-Offense Penalties: A typical first-time DUI carries up to 1 year in jail (often suspended for first-time offenders), up to $1,000 in fines, a 9-month driver’s license revocation, and community service.
• The 7-Day DMV Clock: CRITICAL: You may have only 7 days from the date of your arrest (or express consent test results) to request a DMV hearing to fight your license suspension. If you miss this deadline, your license will be suspended.
• Refusing the Test: Refusing a breath or blood test results in a 1-year license suspension and labels you a “Persistent Drunk Driver” (PDD), forcing mandatory ignition interlock requirements.

Colorado DUI charges can be fought, reduced, or even dismissed. Having an experienced drunk driving attorney represent you is your best bet for saving your license and keeping your criminal record clear.

Colorado DUI laws make it a crime to drive a motor vehicle or operate a bicycle or electric bicycle while either:

• under the influence of alcohol and/or drugs or
• with a blood alcohol content (BAC) of 0.08% or greater.

Driving with a BAC of above 0.05% but lower than 0.08% is the lesser Colorado offense of DWAI. Colorado’s criminal sentencing and administrative penalties for DUI, DUI per se, and DWAI become more severe with each successive conviction, as this chart shows (updated for 2026):

Offense	Jail term	Can court suspend jail?	Probation	Fine	Public service	License revocation
1st DUI	5 days – 1 year	Yes, with alcohol/drug evaluation and alcohol education	Up to 2 years	$600 – $1,000	48 – 96 hours	9 months
1st DUI with BAC > .20%	10 days – 1 year	No, but court can grant home detention	Up to 2 years	$600 – $1,000	48 – 96 hours	9 months
1st DWAI	2 days – 180 days	Yes, with alcohol/drug evaluation and alcohol education	Up to 2 years	$200 – $500	24 – 48 hours	none
1st DWAI with BAC > .20%	10 days – 1 year	No, but court can grant home detention	Up to 2 years	$200 – $500	24 – 48 hours	none
2nd DUI/DWAI in 5 years	10 days – 1 year	No	2 – 4 years	$600 – $1,500	48 – 120 hours	1 year
2nd DUI/DWAI after 5 years	10 consecutive days – 1 year	No, but court can grant home detention	2 – 4 years	$600 – $1,500	48 – 120 hours	1 year
3rd DUI/DWAI	60 consecutive days – 1 year	No, but court can grant work release or community corrections	2 – 4 years	$600 – $1,500	48 – 120 hours	2 years

The good news is that the best Colorado DUI attorneys have many ways to challenge both drunk driving arrests and Colorado DMV license suspensions. However, you have just seven days from the time of your arrest (or when your blood test results come back) to request a Colorado DMV hearing.

In this article, our Colorado DUI defense lawyers will address the following key topics re. drunk/drugged driving laws:

• 1. DUI Penalties
• 2. DWAI Penalties
• 3. Felony DUI Laws
• 4. Test Refusals
• 5. Underage DUI
• 6. License Suspensions
• Frequently Asked Questions

1. DUI Penalties

It is generally a Colorado misdemeanor to drive under the influence of alcohol or to drive under the influence of drugs (DUID). Penalties increase with each successive conviction; it does not matter whether the prior DUI occurred in Colorado or another state.

First DUI

In Colorado, first-offense DUI penalties include five days to one year in jail, a fine of $600 to $1,000 plus court costs, 48 to 96 hours of community service, 12 DMV points on your DMV driving record, and a driver’s license revocation period of nine months. Jail is mandatory if your blood alcohol content (BAC) is 0.20% or greater.

Under Colorado DUI laws, you may be eligible for a probationary driver’s license immediately if you install an ignition interlock device (IID). Then you may regain unrestricted driving privileges after four months as long as:

1. you drive with an IID, and
2. your blood alcohol level was below 0.15%, and
3. you never had a BAC of 0.25% or higher.

If your BAC was 0.15% or higher, the IID must remain installed for two years. Note that if your BAC is 0.15% or higher, you are designated a persistent drunk driver (PDD) and sentenced as a repeat DUI offender.

DUI firsts are among the most common charges we defend against in Colorado. We rarely see judges impose incarceration unless your BAC is at least .20%, at which point the judge is required to hand down a jail term.

Second DUI

In Colorado, penalties for a second offense conviction of driving under the influence of alcohol can include:

• 10 days to 1 year in jail,
• A fine of $600 to $1,500 plus court costs,
• Driver’s license suspension of up to one year
• 48 to 120 hours of public service,
• Level II Alcohol Education classes,
• Ignition interlock device for two years following license reinstatement, and
• 12 DMV points on your DMV driving record.

If the prior DUI was within the last five years, the 10-day jail sentence must be served all at once. Otherwise, we have a lot of success persuading judges to permit jail sentences to be served on evenings and weekends, allowing our clients to keep their jobs.

If you are 21 or older, you may be eligible for an IID-restricted license right away. If you are under 21, you have to wait one year.

Third DUI

Under Colorado law, a third DUI offense can lead to DUI penalties of:

• 60 days to 1 year in jail,
• A fine of $600 to $1,500 plus court costs,
• Driver’s license suspension of up to two years,
• 48 to 120 hours of community service,
• Level II Alcohol Education classes,
• 90 days of continuous alcohol monitoring if granted probation,
• Ignition interlock device for two years following license reinstatement, and
• 12 DMV points on your DMV driving record.

If you are 21 or older, you may be eligible for an IID-restricted license right away. Otherwise, you have to wait one year.¹

Judges take 3rd-time DUIs extremely seriously. That is why we fight so hard to get 1st- and 2nd-time DUIs reduced or dismissed so that you never get charged with a DUI-3rd.

DUI v. DUI Per Se

DUI per se focuses on your BAC rather than proof of actual impairment. If the prosecution proves your BAC was 0.08% or higher at the time specified by Colorado law, it does not have to separately prove that alcohol impaired your ability to drive.

Meanwhile, if you have a BAC of less than 0.08%, you can still face regular DUI charges as long as you are driving impaired to the slightest degree.

Prosecutors frequently charge both DUI and DUI per se in the alternative. If convicted of both, the sentences run concurrently because they arise from the same conduct. (DUI per se and DUI have identical penalties under Colorado DUI laws.)

Driving Under the Influence of Marijuana

A blood level of five nanograms or more of delta-9 THC allows the jury to infer that you were under the influence, but it does not automatically establish guilt. Prosecutors still must prove impairment beyond a reasonable doubt.²

Conversely, you can still be convicted of DUI if your marijuana level is less than five ng/mL if you are displaying indicia of being impaired by drugs (including prescription drugs) or by a combination of drugs and alcohol.

Active THC declines relatively quickly, though THC and its metabolites may remain detectable for varying periods depending on the individual and the testing method. As a result, some responsible cannabis users may face DUI charges even though several hours have passed since they last consumed marijuana. That is why we advise marijuana users to try to use public transportation or use a designated driver.

Persistent Drunk Drivers (PDDs)

In Colorado, you are classified as a “persistent drunk driver” (PDD) if either:

• You have been convicted of – or had your driver’s license revoked for – two or more alcohol-related driving violations;
• You get caught driving under restraint (C.R.S. 42-2-138);
• You drive with a BAC of 0.15% (even for a first offense); or
• You refuse to take a chemical test after being arrested.

For PDDs to drive again, you must install an IID for at least two years. You must also complete Level II Alcohol Education and Therapy and maintain SR22 insurance as required by the Department of Revenue.³

2. DWAI Penalties

Driving while ability impaired (DWAI) – which typically pertains to driving with a blood alcohol concentration of above 0.05% to less than 0.08% – is a misdemeanor driving offense in Colorado. Potential consequences of a DWAI include:

1st DWAI

• 2 days to 180 days in jail,
• A fine of $200 to $500 plus court costs,
• 24 to 48 hours of community service, and
• 8 DMV points on your DMV driving record.

Jail is mandatory in Colorado if you had a BAC of 0.20% or greater.

2nd DWAI

• 10 days to 1 year in jail (with a minimum 10-day mandatory sentence),
• A fine of $600 to $1,500 plus court costs,
• 1-year license suspension,
• 48 to 120 hours of community service, and
• 8 points on your DMV driving record.

If the prior DUI was within the last five years, the 10-day jail sentence must be served all at once in Colorado.

3rd DWAI

• 60 days to 1 year in jail (with a minimum 10-day mandatory sentence),
• A fine of $600 to $1,500 plus court costs,
• 2-year license suspension,
• 90 days of continuous alcohol monitoring if granted probation,
• 48 to 120 hours of community service, and
• 8 points on your DMV driving record.⁴

3. Felony DUI Laws

Driving under the influence becomes a felony in Colorado if you have at least three past DUI-related offenses, or if someone gets seriously hurt or killed. The penalties for a felony DUI conviction depend on the specific charge.⁵

Felony DUI Charge	Colorado Penalties
Fourth DUI or DWAI	Class 4 Felony: 2 to 6 years Colorado State Prison with 3-year parole and/or $2,000 to $500,000; 90 days of continuous alcohol monitoring if granted probation; and 2-year license revocation If you are 21 or older, you may be eligible for an IID-restricted license right away. Otherwise, you have to wait one year.
Vehicular assault (18-3-205 C.R.S.) a.k.a. DUI causing serious injury	Class 4 felony: 2 to 6 years prison with 3-year parole; and/or $2,000 to $500,000; 1-year minimum license revocation; and 90 days of continuous alcohol monitoring if granted probation
Vehicular homicide (18-3-106 C.R.S.) a.k.a. DUI causing death	Class 3 felony: 4 to 12 years prison with 5-year parole; and/or $3,000 to $750,000; and 1-year minimum license revocation; and 90 days of continuous alcohol monitoring if granted probation

Many of the defenses we employ in misdemeanor DUI cases can be just as effective in fighting felony DUI charges. Among the most common are:

• The traffic stop was unlawful;
• The police lacked probable cause to make an arrest;
• You had a medical episode or a condition that the police mistook as intoxication; or
• The chemical-testing equipment/procedures were flawed (such as a defective breathalyzer or broken blood draw chain of custody).

Ultimately, prosecutors have the burden to prove DUI beyond a reasonable doubt. We can often cobble together sufficient reasonable doubt just by pointing out all the places the police officers committed procedural errors.

4. Test Refusals

A first-time refusal to take a DUI chemical breath or blood test in Colorado carries a one-year license suspension. A second-time refusal carries a two-year license suspension. A third-time refusal carries a three-year license suspension.

However, if you are 21 or older, you may get a restricted license after two months if you install an IID in your vehicles. Otherwise, you have to wait a year.

To regain your driving privilege at the end of your license suspension, you must install an ignition interlock device for two years at your own expense. Then if your case goes to trial, your refusal to take the BAC test will be admissible as evidence of guilt.

Note that when you operate a motor vehicle in Colorado, you are deemed to give “express consent” to a

• DUI breath test or
• DUI blood test if you are arrested by law enforcement for driving under the influence.⁶

5. Underage DUI

Colorado has a “zero tolerance” policy for underage drinking and driving (UDD). It is illegal for anyone under 21 to drive with a BAC of 0.02% or higher.

A first UDD is not a crime: It is a Colorado class A traffic infraction – a civil violation. However, a second or subsequent violation is a class 2 traffic misdemeanor.

1st UDD

• Fine of up to $150,
• Driver’s license suspension of up to 3 months,
• Up to 24 hours of useful community service, and
• 4 points on your Colorado DMV driving record.

2nd UDD

• 10 days to 90 days jail time,
• Driver’s license suspension of up to 6 months,
• Fine of $150 to $300,
• 48 to 120 hours of community service, and
• 4 points on your Colorado DMV driving record.

3rd UDD

• 10 days to 90 days jail time,
• Driver’s license suspension of up to 1 year,
• Fine of $150 to $300,
• 48 to 120 hours of community service, and
• 4 points on your Colorado DMV driving record.

Additional consequences of any Colorado UDD can include:

• An alcohol evaluation or assessment (at your own expense) and
• An alcohol education or treatment program (at your own expense).⁷

Underage drivers with a BAC of 0.08% or higher instead face DUI charges. Underage drivers with a BAC of 0.05% to less than 0.08% instead face DWAI charges.

Most of our UDD clients were not pulled over for impaired driving. Instead, they were stopped for a minor traffic infraction (such as broken taillights). Then when the police smelled alcohol, they proceeded with a standard DUI investigation and eventual arrest.

6. License Suspensions

The only way to avoid a license suspension for violating Colorado DUI laws is to win both the criminal case and the DMV administrative case. Otherwise, you may be able to get an early reinstatement of your driving privileges by driving with an IID.

Driving when your license is suspended from a DUI is prosecuted as driving under restraint (DUR). A first offense of “DUR” is a class 2 misdemeanor traffic offense, carrying:

• 10 days to 90 days in jail, and
• $150 to $1,000 in fines, and
• 1-year license revocation.

Meanwhile, a DUR with a prior conviction of DUR within the last five years carries:

• 10 days to 90 days in jail, and
• $500 to $3,000 in fines, and
• 4-year license revocation.⁸

“Can I keep driving?” is probably the question we hear most often after a DUI arrest. The answer is often yes, though it may mean driving with an ignition interlock device for several months and maintaining SR22 insurance.

See our related article on habitual traffic offenders (HTOs), who lose their license for five years for having three major traffic offenses (including DUIs) in a seven-year period.

Frequently Asked Questions

Will I actually go to jail for a first-time DUI in Colorado?

Under C.R.S. 42-4-1301, a first-time DUI technically carries a statutory penalty of five days to one year in the county jail. If your Blood Alcohol Content (BAC) is 0.20% or higher, the law strips away judicial discretion and triggers a mandatory minimum 10-day jail sentence.

In our experience, for a standard first-time offense with a BAC under 0.20%, Colorado judges rarely impose actual jail time. Instead, our defense team is almost always able to negotiate a suspended sentence tied to probation, community service, and alcohol therapy.

However, if your case falls into a strict jurisdiction—such as Douglas County or specific municipal courts known for taking a hardline stance on public safety—prosecutors are much more aggressive. In those courtrooms, having a skilled attorney who understands local judicial temperaments can be the difference between sleeping in your own bed or serving weekend jail time.

Can I get my Colorado DUI charges dropped or reduced to a “Wet Driving” charge?

Colorado law does not have a formal, standalone offense called a “wet reckless” like some other states do. However, prosecutors have the authority to offer a plea bargain reducing a DUI charge down to a DWAI (Driving While Ability Impaired) or a regular traffic infraction like careless driving, depending on the strength of the evidence and the defendant’s record.

From our experience dealing with prosecutors, they do not hand out reductions out of leniency; they do it when we expose flaws in the state’s case.

We routinely look for procedural errors, such as a lack of reasonable suspicion for the initial traffic stop, improperly administered Field Sobriety Tests (SFTs), or a failure to observe the mandatory 20-minute continuous deprivation period before a breathalyzer test.

When we present a prosecutor with concrete evidence that their chemical test results might be suppressed in front of a jury, they become significantly more cooperative about offering a non-DUI resolution.

What happens if I fail an Ignition Interlock test while on probation?

If you are required to hold an interlock-restricted license following a DUI, any logged instance of a breath sample registering a BAC above the fail threshold (typically 0.02%) is automatically transmitted to the Colorado Department of Revenue (DMV). Legally, three “lockouts” within a twelve-month period will trigger a compliance review and can extend your interlock requirement for an additional year.

We always warn our clients that a failed interlock start does not just threaten your driver’s license—it can trigger a probation violation in your criminal case. Judges take “dirty blows” incredibly seriously because it signals a defiance of court orders.

If you experience a false positive from everyday items like mouthwash, kombucha, or specific foods, it is vital to rinse your mouth with water and re-test immediately within a few minutes to prove your system is clear. If you simply walk away from the car after a failure, the court will assume you were drinking, and we often have to step in aggressively to present medical or technological evidence to prevent a judge from revoking your probation.

Do I really need to hire a private lawyer for a Colorado DUI, or can a public defender handle it?

The U.S. Constitution guarantees the right to counsel, and if you meet strict low-income financial qualifications, the court will appoint a public defender to represent you in your criminal case. However, public defenders are legally barred from representing you in your administrative Colorado DMV Express Consent hearing.

You will never hear us badmouth Colorado’s public defenders. We went to law school with many of them, and they are excellent, dedicated attorneys. The problem is that they are buried under catastrophic caseloads.

A DUI case requires a meticulous, exhaustive audit of digital evidence, including dashboard camera footage, breathalyzer maintenance calibration logs, and officer training records. Because a public defender often has dozens of cases on a single docket day, they simply lack the administrative bandwidth to conduct that level of deep-dive investigation for every client.

Furthermore, because public defenders cannot help you secure your driving privileges at the DMV level, hiring private counsel ensures a unified defense strategy. We fight to safeguard not only your innocence but also your ability to drive.

See our related article, How much does a DUI lawyer cost in Denver?

What is the difference between a DUI and a DWAI in Colorado?

The core difference lies in the level of impairment and your blood alcohol content (BAC).

Under C.R.S. 42-4-1301, you commit a DUI (Driving Under the Influence) when you are “substantially incapable” of safely driving, which is legally inferred at a BAC of 0.08% or higher.

A DWAI (Driving While Ability Impaired) is a lesser offense but still a criminal misdemeanor. It means you are impaired to the “slightest degree” so that you are less able to drive than you ordinarily would be. A DWAI is legally inferred at a BAC above 0.05% and below 0.08%.

Most alcohol-related driving cases prosecuted in Colorado are charged as DUI rather than DWAI. The simple reason is that most people with DWAI-level BACs drive unimpaired and undetected by police.

What happens if I refuse a breath or blood test in Colorado?

Colorado operates under Express Consent laws (C.R.S. 42-4-1301.1). By driving on state roads, you have already legally consented to a chemical test if an officer has probable cause to suspect impairment.

If you refuse the chemical test (and you have no prior refusals), the Department of Revenue will revoke your license for one year. This is independent of your criminal court case.

Also, you are designated a Persistent Drunk Driver (PDD), which requires you to complete Level II alcohol education and carry an ignition interlock device for at least two years once reinstated.

Furthermore, your refusal can be used as consciousness-of-guilt evidence against you by the prosecution in your criminal trial.

This is why we tell people it usually does not pay to refuse to take a breath or blood test following a DUI arrest. We may be able to contest the test results in a number of ways (defective breathalyzer, contaminated samples, etc.), but the lack of any test results at all can only hurt you.

What does HB26-1242 do?

This new Colorado law takes effect on June 1, 2027. HB26-1242 requires first-time DUI offenders to hold an interlock-restricted license for nine months after reinstatement, and it repeals the two-month waiting period to reinstate your license in certain refusal cases.

We are mixed about this new law. On the one hand, now more DUI defendants are going to have the pain of driving with an IID. On the other, DUI defendants who refused testing will be able to reinstate their license two months earlier than before.

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