2021-09-24T14:01:31
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Colorado DUI Penalties // What are the Penalties for DUI in Colorado? • • • • • • • • • •
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Colorado DUI Penalties
What Are The Colorado DUI Penalties?
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What Are The Colorado DUI Penalties? If You Were Charged With A DUI You ONLY Have 7 DAYS to Request A DMV Hearing.
Colorado’s DUI laws have a progressive penalty system that gets stricter on a second, third, and fourth DUI basis. Offenses are misdemeanors unless a driver has had three or more convictions, in which case a Class 4 felony will be applied. Colorado DUI penalties are different if the person under the influence causes serious injuries or death.
The state’s laws consider you to be “under the influence” of alcohol if your blood alcohol content level (BAC) is 0.080 or higher or if you are suspected to be under the influence of other chemicals such as marijuana, illegal drugs, and prescription drugs. If your results are below 0.080 but higher than 0.050, you may still be charged with driving while ability impaired (DWAI). You can be charged with DUI if you refuse to submit to a chemical test.
Substantial incapacitation that renders you incapable of operating a vehicle will result in you being guilty of a DUI. Learn about Colorado’s open container laws .
Here Is What You Need to Know About DUI Penalties in Colorado:
First DUI Penalties
A first-time conviction is considered a misdemeanor that results in:
• Jail : 5 days to 1 year
• Fine : $600 to $1,000
• Public Service : 48 to 96 hours
• License Suspension : 9 months
• Points : 12 DMV points
Offenders may have to take one or more alcohol education classes.
Note: If a defendant’s BAC is 0.15% or higher , the individual will be considered a persistent drunk driver (PDD) and will be charged as a repeat offender.
Second DUI Penalties
A second-time conviction is considered a misdemeanor that results in:
• Jail : mandatory minimum of 10 days to 1 year
• Fine : $600 to $1,500
• Public Service : 48 to 120 hours
• License Suspension : 1 year
• Points : 12 DMV points
• Ignition Interlock Device : 2 years
Alcohol education classes may be required.
Third DUI Penalties
A third-time conviction is considered a misdemeanor that results in:
• Jail : 60 days to 1 year
• Fine : $600 to $1,500
• Public Service : 48 to 120 hours
• License Suspension : 2 year
• Points : 12 DMV points
• Ignition Interlock Device : 2 years
Alcohol education classes may be required.
Fourth or More DUI Penalties
Colorado law ( 42-4-1301 C.R.S. ) states that after three or more violations, the driver will be charged with a class 4 felony if the driver was found guilty for the prior convictions. A felony is a much more serious crime that will result in:
• Fines of $2,000 to $500,000
• Colorado State Imprisonment of 2 to 6 years and 3 years of parole
DWAI Penalties
DWAI penalties are less severe than their DUI counterparts, but they still have a progressive system where each offense results in harsher punishment.
Colorado DWAI penalties are:
• First-time offenses result in 2 to 180 days in jail, fines of $200 to $500, and 24 to 48 hours of public service.
• Second-time offenses result in 10 days to 1 year in jail, fines of $600 to $1,500, and 48 to 120 hours of public service.
• Third-time offenses result in 60 days to 1 year in jail, fines of $600 to $1,500, and 48 to 120 hours of public service.
All DWAI offenses result in 8 DMV points, and if a fourth charge is filed against a driver and they’re found guilty, they will face the same punishment as a person with four or more DUIs.
Penalties if a DUI Causes Serious Injury or Death
Drivers that are involved in an accident while being impaired will immediately face a felony charge if the accident resulted in serious injury or death. The charges faced include:
Vehicular Assault
An accident that results in serious injuries will be considered a Class 4 felony and warrants:
• Fines of $2,000 to $500,000
• Prison sentence of 2 to 6 years, and 3 years of parole
Vehicular Homicide
If the accident results in the death of another driver, a Class 3 felony will be assessed, which comes with more severe penalties. A defendant, if found guilty, will face:
• Fines of $3,000 to $750,000
• Prison sentence of 4 to 12 years and 5 years of parole
Colorado DUI Penalties for Underage Drinking and Driving
Colorado has a zero-tolerance policy for all underage drivers. If an underage driver has a BAC of 0.05% or higher, they will be treated as an adult and face the respective DUI and DWAI laws.
If the driver’s BAC is 0.02% or higher, they will also face a progressive system that allows for the first offense to not be considered a crime. Subsequent offenses are a crime.
• First offenses have fines up to $150, license suspension of up to 3 months, 24 hours of community service, and 4 points on their license.
• Second offenses have fines up to $300, license suspension of up to 6 months, 48 to 120 hours of community service, 4 points on their license, and 10 to 90 days in jail .
• Third offenses have fines up to $300, license suspension of up to 6 months, 48 to 120 hours of community service, 4 points on their license, and 60 to 90 days in jail .
Any convictions after the fourth offense may require alcohol or education programs at your own expense.
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Frequently Asked Questions
What is the penalty for DUI in Colorado?
The penalty for a DUI in Colorado depends on a number of factors. The primary factors are whether or not the driver has had any previous DUI convictions, what their BAC was at the time of arrest, and if anyone was seriously injured or killed in an accident caused by the impaired driver. Penalties could include fines, jail time, community service, alcohol classes, interlock device requirements, and license suspension.
Is there mandatory jail time for a DUI in Colorado?
Jail time for a DUI in Colorado will depend on if the driver has had any previous DUI convictions. For a first offense, jail time is not mandatory but still possible. Mandatory jail time starts with a driver’s second DUI conviction.
How long does a DUI stay on your record in Colorado?
In Colorado, a DUI charge will stay on your record permanently unless you are given a deferred sentence. It is also important to note that Colorado does not have a “lookback” period, meaning that if you are charged with a 2nd DUI 15 years after your first, it will still be considered a second offense for penalty purposes.
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