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“3rd DUI” in Colorado – Laws, Penalties & Best Defenses

A third DUI in Colorado is a misdemeanor rather than a felony. But it carries a minimum 60-day jail sentence, and the DMV designates you as a persistent drunk driver. It does not matter how long ago or where your prior convictions occurred. Therefore, third DUIs carry much stricter sentences than first DUIs (which require no jail) and second DUIs (which require at least 10 days of jail). The chart illustrates the penalty ranges:

3rd DUI Penalties in Colorado
Jail sentence 60 days to 1 year
Fines $600 to $1,500 plus court costs and drug test fees
Community service 48 to 120 hours
Suspended jail sentence 1 year (which kicks in only if you do not complete the other sentencing terms)
Probation 2 to 4 years, including 90 days of continuous alcohol monitoring
Driver’s license revocation 2 years, though you can apply for early reinstatement after 1 month
Level II alcohol education and treatment  24 hours of alcohol education and 68 to 86 hours of treatment
Ignition interlock device (IID) 2 years
SR-22 insurance 2 years
In this article, our Denver Colorado criminal defense lawyers answer these frequently asked questions:
Driver holding beer bottle while being tailed by police
A third DUI is a misdemeanor in Colorado.

1. How do I fight the charges?

Here at Colorado Legal Defense Group, we have represented literally thousands of people accused of repeat drunk- or drugged driving. Although Colorado’s DUI conviction rate is high (up to 96% in cases involving high BACs), in our experience, the following eight defenses have proven very effective with prosecutors, judges, and juries.
  1. The police lacked reasonable suspicion to pull you over for a traffic stop.
  2. The police gave you incorrect field sobriety test instructions.
  3. The police lacked probable cause to arrest you.
  4. The police administered the breath testing machine incorrectly.
  5. The breath testing machine was not calibrated properly.
  6. Your blood sample was contaminated.
  7. You had a medical condition, such as acid reflux, that tricked the breathalyzer into returning a falsely high BAC.
  8. You were having a medical episode, such as a seizure, that the police mistook for intoxication.
As long as there is a reasonable doubt, the D.A. may be willing to reduce or dismiss a DUI 3rd charge.1

2. Will I have to do more jail time than the 60-day minimum?

Many Colorado judges are sensitive to how dangerous DUIs can be: In 2021 alone, 37% of the 691 traffic fatalities were caused by impaired drivers.2 Consequently, many judges have an unofficial “three strikes and you’re out” policy: Even though DUI thirds are only misdemeanors, judges tend to punish third-time DUI offenders with six to nine months behind bars rather than the mandatory minimum of 60 days. In our experience, however, it is often possible to persuade the judge during the sentencing hearing to impose only the minimum penalties required by law. We do this by presenting to the court all the possible “mitigating factors” about your character and the circumstances surrounding the incident that cast you in the best possible light. Note that judges do not grant house arrest instead of jail for DUI 3rds. However, converting some of the required jail time to work release may be possible.
Group counseling session
As a DUI 3rd defendant, you must undergo treatment to have your license reinstated.

3. What counts as prior DUIs?

Colorado law considers all of your previous drunk driving- or drugged driving convictions as priors. It makes no difference whether they occurred in Colorado or another state or U.S. territory. Colorado also has no “washout” or “lookback” rule, which ignores previous DUIs after a certain number of years have passed. Even decades-old DUIs count as priors.3

4. Can a third DUI be a felony?

The only time a third DUI can be a felony in Colorado is if it caused an accident where someone else died or sustained injuries. In these cases, the prosecutor would instead bring charges for: Note that since 2015, fourth DUIs have been prosecuted as felonies carrying up to six years in prison.4 Flowchart that illustrates the court and DMV process for a third time DUI in Colorado

5. Will I lose my license?

Third-time DUIs trigger a two-year driver’s license suspension by the Colorado DMV. However, it is possible to fight this at an express consent hearing, which is an administrative trial at the Department of Revenue offices. You only have seven days after your arrest to contact the DMV to request an express consent hearing. If the seven days pass, then the two-year license revocation automatically kicks in.5 Even if you lose the express consent hearing, you can apply immediately to drive on an ignition interlock device (IID) restricted license. IIDs are breathalyzers attached to your steering wheel, and they disable your car if they detect alcohol on your breath.6 If you refuse to take a breath or blood test after your arrest (called a chemical test refusal), you face an additional one-year license suspension. Plus, you have to wait two months before you can apply for an IID.7

6. What is the law for underage drivers?

Underage drunk driving (UDD) is a separate crime from DUI or DWAI in Colorado. It is reserved for drivers under 21 years old caught driving with a blood alcohol content (BAC) of .02% to .05%. A third-time UDD conviction is a class 2 traffic misdemeanor, carrying:
  • 10 to 90 days in jail and/or up to $300 in fines;
  • Up to 24 hours of useful public service plus a $120 fee;
  • An alcohol or drug evaluation/education/treatment program;
  • 4 DMV points; and
  • A 1-year driver’s license revocation.8

7. Does a third DUI make me a habitual traffic offender?

Colorado law classifies you as a habitual traffic offender (HTO) when you commit three or more serious traffic offenses (such as DUIs) in a seven-year period. HTOs face a five-year license revocation.9 If you continue to drive as an HTO, you can be convicted of DARP (driving after revocation prohibited). A first offense is a class 2 traffic misdemeanor with penalties of 30 to 90 days in county jail and/or at least $3,000 in fines.10
Closeup of DUI defendant holding iPhone with rideshare app
As a DUI-3rd defendant, you must rely on public transport, taxis, ride-sharing, or other drivers for lifts while your license is suspended.

Additional Reading & Resources

For more about Colorado DUI laws, refer to these informational articles:
  • DUI of marijuana – It is illegal to drive impaired by marijuana and/or with a blood level of 5 nanograms or more of delta 9-tetrahydrocannabinol (THC) per milliliter.
  • DUI per se – Driving with a BAC of .08% or higher is automatically illegal, even if you are unimpaired.
  • Is a 3rd DUI a Felony in Colorado? – As discussed above, a third DUI is only a misdemeanor.
  • NO DUI Colorado – Here the Colorado DMV discusses the administrative DUI process, including license suspensions and the required substance abuse treatment to reinstate your license.
  • Colorado’s Drunk Driving Laws – The official website for the Colorado General Assembly, which provides an overview of the state’s DUI laws.

Legal References

  1. Impaired Driving, Colorado Department of Transportation. CRS 42-4-1301(1)(a); CRS 42-4-1307; see also People v. Valdez, (2014) COA 125, 411 P.3d 94. CRS 42-1-102(68.5). CRS 42-2-126(4)(d)(II)(A). CRS 42-2-132(2)(a)(II)(A). CRS. 42-7-406(1).
  2. Impaired Driving, Colorado Department of Transportation.
  3. CRS 42-4-1301(1)(j); see also People v. Quezada-Caro (Colo. 2019) 490 P.3d 507.
  4. House Bill 15-1043.
  5. CRS 42-2-126.
  6. Same. CRS 42-2-132.5.
  7. CRS 42-2-126. CRS 42-4-1301.1.
  8. CRS 42-4-1301(2)(d).
  9. CRS 42-2-202.
  10. CRS 42-2-206.

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