Colorado DUI law § 42-4-1301(2)(a) says that it is considered a misdemeanor offense for any person with a blood alcohol concentration of .08% or greater to operate a motor vehicle in Colorado.
Colorado DUI laws are some of the most tough in the country. In Colorado, you can also be arrested for driving while ability impaired or DWAI if you are found to have a blood alcohol concentration of between .05% and .08% while operating a motor vehicle.
If you have been charged with DUI or DWAI in Colorado you will not only be facing the criminal charges and sanctions from the Colorado DMV against your driver’s license. The revocation of your driver’s license is distinct from your criminal case against you. You will have to deal directly with the Colorado DMV when it comes to your driving privileges.
It is important to note, you only have seven days from the date of your arrest to request an administrative hearing with the DMV if you hope to retain your driving privileges.
Restricted Colorado Requirements
In some cases, you may be able to obtain a restricted drivers license that allows you to drive for specific purposes such as going to and from work or school. In order to qualify for a restricted Colorado drivers license, there are certain requirements that must be met:
- You must have had the required insurance coverage in place at the time of the arrest.
- You must have completed an alcohol education program as prescribed by your probation officer.
- You must have had no prior DUI or DWAI charges within the last five years.
- Your license could not have been suspended, revoked, or denied for any other reason at the time of the arrest.
The penalties for DUI can vary greatly depending on the facts of your case.
Colorado First Offense DUI Penalties
Most First Offense DUI’s in Colorado are considered misdemeanors and carry the following penalties:
- Mandatory minimum of 5 days in jail, but up to 365 days depending on the severity of the offense
- Fines ranging from $600 – $1,500 plus court costs and fees
- License suspension for up to nine months
- Possible installation of an Ignition Interlock Device
- Probation (typically 1 to 2 years)
- Mandatory Alcohol Evaluation and Treatment Program
- Possible Community Service
In addition, you may be ordered to participate in a victim impact panel or DUI school. The court also has the option of installing an alcohol monitoring system or restricting travel. It is important to seek legal advice if you have been charged with a DUI.
Colorado Second Offense DUI Penalties
Most Second Offense DUI’s in Colorado are considered more seriously than first offenses and they carry more severe penalties. The minimum sentence for a Colorado Second Offense DUI is mandatory 10 days in jail, but can range all the way up to one year in prison, plus additional fines and fees.
Other possible sanctions may include:
- License suspension of 1 to 5 years
- Fines of up to $1,500 plus court costs
- Installation of an Ignition Interlock Device
- Probation of 2 to 4 years.
- Mandatory Alcohol Evaluation and Treatment Program
- Possible Community Service
- Restricted Travel Lock Device if the BAC is more than 0.15%
Colorado Third Offense DUI Penalties
Most Third Offense DUI’s in Colorado are considered felonies and carry the following penalties:
- A minimum of 60 days in jail (maximum of 1 year)
- A fine of up to $2,000
- Driver’s license revoked for at least 5 years, with a restricted driving period of not less than 2 or more than 6 years.
- Probation and community service
- Possible installation of an Ignition Interlock Device (IID)
- Mandatory participation in an Alcohol Evaluation and Treatment Program
It is important to note that the penalties for a DUI conviction can vary depending on the circumstances surrounding your case.
Colorado Fourth Offense DUI Penalties
Most Fourth Offense DUI’s in Colorado are considered felonies and carry the following penalties:
- A minimum of 120 days in jail (maximum of 6 years)
- A fine of up to $5,000
- Driver’s license revoked for at least 10 years with a restricted driving period not less than 4 or more than 6 years.
- Probation and community service
- Installation of an ignition interlock device (IID) on the vehicle
- Possible forfeiture of vehicle used in the offense.
It is important to remember that all DUI offenses have serious consequences and could lead to long-term implications for your life.
Colorado DUI Under 21 Years of Age
Colorado has a zero tolerance policy for underage drinking. If you are caught driving with any measurable amount of alcohol in your system, there will be harsh penalties.
- First offense: 9 month license suspension plus community service
- Second offense: 1 year license suspension plus an Ignition Interlock Device (IID)
- Third offense: 2 year license suspension with a restricted driving period not less than 4 or more than 6 years
- Fourth offense: 5 year license suspension with a restricted driving period not less than 4 or more than 6 years
Does Colorado Require DUI Classes?
Colorado does not require DUI classes as part of the sentencing process, however, if you are convicted of a DUI offense in Colorado, the court may order you to attend alcohol or substance abuse education courses. The length and cost of these courses will depend upon your particular case. Additionally, even if you do not have to attend DUI classes, many courts will encourage offenders to attend classes in order to help reduce their sentence or avoid jail time. It is important to consult with an experienced Colorado DUI attorney who can provide advice on how best to handle your case.
Does Colorado allow Online DUI Classes?
Yes, Colorado does allow online DUI classes. However, it is important to note that some courts may not accept online courses, so you should check with the court to make sure they will accept an online class. Additionally, each court has specific requirements for the number of hours and type of course you must complete in order to fulfill your DUI sentence.
Colorado SR22 Requirements
In addition to the administrative and criminal penalties you face, a DUI conviction may also affect your insurance. Colorado requires a driver convicted of DUI to provide proof of financial responsibility through an SR-22 certificate. An SR-22 is a document filed by your auto insurance company verifying that you have the required level of liability coverage for operating a motor vehicle.
Colorado Ignition Interlock Device Requirements
In addition to the other penalties, most DUI convictions in Colorado will require the installation of an ignition interlock device (IID) on the driver’s vehicle. An IID is a breathalyzer that requires the driver to provide a breath sample before starting their car. If alcohol is detected, the device will prevent ignition and alert authorities.
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