Denver, Colorado DUI Penalties

DENVER, COLORADO DUI PENALTIES

Nearly 60 people are arrested for impaired driving in Colorado every day. Every one of those arrested drivers will face serious consequences for operating a vehicle while under the influence. Colorado DUI penalties are strict, and these penalties only become progressively more severe with each subsequent offense.

Colorado has some of the toughest DUI laws in the country. Drivers face harsh penalties for driving while under the influence, even as a first-time offender.

The penalties you face for a DUI conviction, including potential jail time and fines, will largely depend on whether this is your first or subsequent offense.

First DUI Penalties

• 5 days-1 year in jail
• $600-$1,000 in fines
• Up to 2 years’ probation
• 48-96 hours public service

Second DUI Penalties

• 10 days minimum and 2 years maximum jail time; 10 days must be served consecutively if the second offense was within five years of the first.
• $600-$1,500 in fines
• 2-4 years’ probation
• 48-120 hours public service

Third DUI Penalties

• 60 consecutive days minimum and 2 years maximum jail time
• $600-$1,500 in fines
• 2-4 years’ probation
• 48-120 hours public service

First Offense DWAI Penalties

• 2-180 days in jail
• $200-$500 in fines
• Up to 2 years’ probation
• 24-48 hours public service

Second DWAI Penalties

• 10 days-1 year in jail
• $600-$1,500 in fines
• 48-120 hours of public service
• 8 points on your license

Third DWAI Penalties

• 60 days-1 year in jail
• $600-$1,500 in fines
• 48-120 hours of public service
• 8 points on your license

Fourth or Subsequent DWAI Penalties

• A Class 4 Felony
• 2-6 years in prison with 3-year parole
• $2,000-$500,000 in fines

Vehicular Assault

If a driver is operating a motor vehicle while under the influence and causes serious injury, the penalties include:

• Class 4 Felony
• 2-6 years in prison with 3-year parole
• $2,000-$500,000 in fines

Vehicular Homicide

If a DUI causes death, the penalties are very severe:

• Class 3 Felony
• 4-12 years in prison with 5-year parole
• $3,000-$750,000 in fines

Alcohol Education and Treatment

With a first DUI penalty, a deferred sentence may be given. One of the conditions of a deferred sentence may be participation in an alcohol education and treatment program. Classes and treatment may also be required for license reinstatement.

In most cases, first-time DUI offenders in Colorado will have to take a Level I alcohol education class. Here’s what you need to know about a Level I class:

• Minimum 12 hours
• Costs approximately $300

If you refuse to take a chemical test or you have a high BAC, you may be required to take a Level II class and participate in treatment. Here’s what you need to know about a Level II class:

• Minimum 24 hours
• Cost range from $600-$1,000
• Treatment is 52 hours (or 26 sessions)

Chemical Test Refusal

In Colorado, the Express Consent Law requires drivers to consent to a chemical test if police have reason to believe they are impaired by alcohol or drugs.

If you refuse to take a chemical test, your action is considered evidence as guilt in your DUI trial.

Regardless of whether you are convicted of a DUI in Colorado, refusing to take a chemical test will result in the following penalties:

• Mandatory participation in an alcohol education and treatment program.
• Automatic suspension of your driver’s license for one year.
• Installation of an ignition interlock device for at least one year after your license has been reinstated.
• Designated a Colorado persistent drunk driver, even if this is your first offense.
• Must have SR-22 insurance.

Colorado’s regular DUI and DWAI laws also apply to underage drivers if they have a BAC of more than 0.05%.

The state’s zero-tolerance stance on underage drinking and driving (UDD) means that it is illegal for anyone under age 21 to drive with a BAC of 0.02% or higher.

A first UDD is considered a civil violation and not a crime. Second and subsequent violations, however, are considered a class 2 traffic misdemeanor.

Penalties for UDD in Colorado are as follows:

First Offense

• No jail time
• License suspension up to 3 months
• Up to $150 in fines
• 4 points on your driving record

Second Offense

• 10-90 days in jail
• License suspension up to 6 months
• $150-$300 in fines
• 4 points on your driving record
• 48-120 hours of community service

Third Offense

• 60-90 days in jail
• License suspension up to 6 months
• $150-$300 in fines
• 4 points on your driving record
• 48-120 hours of community service

Additionally, you may be required to undergo an alcohol evaluation or education and treatment program at your own expense.

Payment plans are available. Contact us today to learn more.

Chaput Law is a top-rated Colorado law firm that focuses on DUI and Criminal Defense. We represent clients in Denver, Highlands Ranch, Littleton Colorado, and all surrounding cities in Arapahoe and Douglas Counties.

If you are looking for a Denver DUI Defense Attorney that offers aggressive defense no matter the case, look no further.

Contact us today for a free consultation. Don’t make the mistake of trying to defend yourself or pleading guilty or no contest just because you want to get this behind you. A conviction for ANY charge can have lasting consequences that you should be aware of before making any decisions.