Colorado DUI Penalties Chart
Colorado DUI penalties can vary significantly depending on the driver’s blood alcohol concentration (BAC), prior DUI or DWAI history, whether chemical testing was refused, and whether the incident caused serious bodily injury or death. A person arrested for DUI may face jail or prison, fines, probation, community service, alcohol and drug treatment, ignition-interlock requirements, and separate driver’s-license consequences through the Colorado Division of Motor Vehicles.
Colorado also treats the criminal case and the DMV case as two separate proceedings. The criminal case is handled by the courts, while the DMV independently determines license suspensions, revocations, ignition-interlock restrictions, and reinstatement requirements. The outcome of one proceeding does not necessarily control the other.
The following chart provides a comprehensive overview of penalties for common Colorado DUI-related offenses, including high-BAC DUI, felony DUI, DUI vehicular assault, and DUI vehicular homicide.
Denver DUI Penalties Lawyer
If you have been arrested for DUI, DWAI, felony DUI, vehicular assault, or vehicular homicide in Colorado, the potential penalties can affect nearly every part of your life. In addition to incarceration and fines, you may face a driver’s-license revocation, mandatory alcohol treatment, ignition-interlock restrictions, probation, increased insurance costs, and a criminal record that may remain publicly accessible for years.
Colorado DUI defense attorney Matthew Martin at Denvers Defense Attorney can review the circumstances of your arrest, evaluate the chemical-testing evidence, determine whether enhanced penalties apply, and represent you in both the criminal case and related DMV proceedings.
Call 303.725.0017 today to schedule a free consultation with Denvers Defense Attorney.
The Law Office of Matthew A. Martin, P.C. represents clients throughout Denver and the surrounding areas, including Aurora, Boulder, Westminster, Englewood, Parker, Castle Rock, Louisville, Greeley, and communities throughout Adams, Arapahoe, Jefferson, Douglas, Boulder, Broomfield, and Denver Counties.
Overview of DUI Penalties in Colorado
- Comprehensive Colorado DUI Penalty Chart
- Chemical Test Refusal Penalties in Colorado
- High-BAC DUI Penalties in Colorado
- First DUI Penalties in Colorado
- First DWAI Penalties in Colorado
- Second DUI or DWAI Penalties
- Third DUI or DWAI Penalties
- Felony DUI Penalties in Colorado
- DUI Causing Serious Bodily Injury: Vehicular Assault DUI
- DUI Causing Death: Vehicular Homicide DUI
- Ignition Interlock Requirements After a Colorado DUI
- Alcohol and Drug Education and Treatment
- Probation After a Colorado DUI
- Can DUI Convictions Be Sealed in Colorado?
- DUI Court Penalties and DMV Penalties Are Separate
- Additional Costs and Consequences of a Colorado DUI
- Additional Resources
Comprehensive Colorado DUI Penalty Chart
The penalties below provide a general overview. Actual sentencing can depend on prior convictions, BAC, refusal history, injuries, treatment history, probation eligibility, aggravating circumstances, and other factors.
| Offense | Classification | Jail / Prison | Fine | Community Service | Driver’s License Consequences | Ignition Interlock | Alcohol / Drug Treatment | Probation Possible? | Can the Conviction Be Sealed? |
| First DWAI | Misdemeanor | 2–180 days jail | $200–$500 | 24–48 hours | 8 DMV points; no automatic DWAI conviction-based revocation, although another DMV restraint may apply | Not necessarily based solely on DWAI; may apply because of another alcohol-related DMV restraint | Evaluation and Level I or Level II education/treatment may be ordered | Yes | Generally no |
| First DUI / DUI Per Se | Misdemeanor | 5 days–1 year jail | $600–$1,000 | 48–96 hours | Generally 9-month revocation; 12 DMV points | Frequently required for early reinstatement | Evaluation and alcohol/drug education or treatment may be required | Yes | Generally no |
| High-BAC DUI – BAC 0.20 or Higher | Misdemeanor DUI with enhanced sentencing | 10 days–1 year jail for a first offense | Generally $600–$1,000 for a first DUI | 48–96 hours | DUI revocation applies; BAC of 0.15+ also results in Persistent Drunk Driver status | Generally significant interlock requirements because BAC of 0.15+ triggers PDD consequences | Level II education and treatment generally required for DMV reinstatement | Yes | Generally no |
| Second DUI / DWAI | Misdemeanor | 10 days–1 year jail | $600–$1,500 | 48–120 hours | Generally 12-month revocation | Typically substantial interlock requirements upon reinstatement | Level II treatment commonly required | Yes | Generally no |
| Third DUI / DWAI | Misdemeanor | 60 days–1 year jail | $600–$1,500 | 48–120 hours | Generally 24-month revocation; habitual traffic offender consequences may also apply | Usually required upon reinstatement | Level II education and treatment generally required | Yes | Generally no |
| Fourth or Subsequent DUI / DWAI – Felony DUI | Class 4 felony | Generally 2–6 years in prison if DOC sentence imposed; specialized felony-DUI probation sentencing also exists | Felony fines may apply | 48–120 hours if probation is imposed | Substantial revocation and reinstatement consequences based on driving history | Generally required before unrestricted driving privileges can be restored | Significant treatment requirements commonly apply | Yes, in appropriate cases; felony DUI probation has mandatory sentencing conditions | No under ordinary conviction-sealing rules |
| DUI Causing Serious Bodily Injury – Vehicular Assault DUI | Class 4 felony | Presumptive 2–6 years in prison, subject to applicable sentencing rules and enhancements | Class 4 felony fine may be imposed | Not a standardized DUI community-service range | Mandatory DMV revocation consequences can apply; separate alcohol-related restraints may also apply | May be required as part of eventual reinstatement depending on DMV history and alcohol restraint | Treatment may be required by the court, probation, or DMV | Potentially, depending on sentencing eligibility and circumstances | Generally no; felony vehicular assault is not ordinarily sealable |
| DUI Causing Death – Vehicular Homicide DUI | Class 3 felony | Presumptive 4–12 years in prison, subject to applicable sentencing enhancements | Class 3 felony fine may be imposed | Not a standardized DUI community-service range | Conviction results in driver’s-license revocation; other alcohol-related restraints may also apply | May apply if and when the person eventually becomes eligible for reinstatement | Treatment may be ordered as part of sentencing or supervision | Potentially, depending on eligibility and circumstances, although the seriousness of the offense greatly affects sentencing | No under ordinary conviction-sealing rules |
| First Underage Drinking and Driving (UDD), BAC 0.02–0.05 | Class A traffic infraction | No jail | $15–$100 | Up to 24 hours | Generally 3-month revocation; 4 DMV points | Not ordinarily required solely because of a standard first UDD | Education/treatment may be required depending on circumstances | Not handled like ordinary misdemeanor probation | Separate underage record-sealing provisions may apply |
Colorado law classifies DUI vehicular assault as a class 4 felony when DUI is the proximate cause of another person’s serious bodily injury. Colorado similarly makes DUI vehicular homicide a class 3 felony when DUI is the proximate cause of another person’s death. Colorado’s standard presumptive sentencing ranges are generally two to six years for a class 4 felony and four to twelve years for a class 3 felony, although enhancements and specialized sentencing provisions can alter those ranges.
Chemical Test Refusal Penalties in Colorado
Refusing a lawfully requested evidential breath or blood test can create serious consequences even before the criminal DUI case is resolved. Colorado’s Express Consent Law allows the DMV to revoke driving privileges when a person fails to cooperate with required chemical testing following a qualifying DUI arrest.
The refusal case is administrative and separate from the criminal prosecution. A person may therefore face a refusal revocation even if DUI charges are later dismissed or reduced.
| Chemical Test Refusal | License Revocation | Persistent Drunk Driver Status | Ignition Interlock | Alcohol / Drug Treatment | Refusal Used in DUI Case? |
| First refusal | 1 year | Yes | Generally minimum 2-year restricted-license/interlock requirement after restoration | Level II education and treatment required | Yes, potentially |
| Second refusal | 2 years | Yes | Significant interlock requirements apply before full driving privileges are restored | Level II treatment requirements apply | Yes |
| Third or subsequent refusal | 3 years | Yes | Significant interlock requirements apply | Level II treatment requirements apply | Yes |
Colorado DMV specifically states that a first refusal results in a one-year revocation, Persistent Drunk Driver designation, Level II alcohol and drug education and treatment, and a restricted ignition-interlock license for at least two years when driving privileges are restored.
A refusal can also become evidence in the criminal DUI prosecution. Prosecutors may argue that the person refused because they believed testing would reveal alcohol or drugs. The defense may instead present evidence that the alleged refusal resulted from confusion, a medical limitation, inability to provide a sample, a language issue, an inadequate advisement, or another reason unrelated to consciousness of guilt.
High-BAC DUI Penalties in Colorado
Colorado has two particularly important BAC thresholds: 0.15 and 0.20.
A first DUI involving a BAC of 0.20 or higher carries a higher mandatory minimum jail sentence than an ordinary first DUI. Instead of the normal five-day minimum, the person generally faces at least 10 days in jail, with a maximum of one year.
A BAC of 0.15 or higher has separate DMV consequences. The DMV considers a driver with a BAC of 0.15 or greater a Persistent Drunk Driver, which can trigger more extensive treatment, insurance, ignition-interlock, and license-reinstatement requirements.
Accordingly, a driver whose BAC is 0.20 or higher may face both enhanced criminal sentencing and the administrative consequences associated with Persistent Drunk Driver status.
First DUI Penalties in Colorado
A first DUI or DUI per se is generally a misdemeanor. The typical statutory penalty range includes five days to one year in jail, $600 to $1,000 in fines, and 48 to 96 hours of useful public service.
The court may also impose probation and require alcohol evaluation, education, treatment, abstinence, monitored sobriety, or other conditions. Depending on the circumstances and completion of required programs, Colorado law may permit alternatives affecting how portions of the minimum jail sentence are served.
A separate DMV proceeding may result in approximately a nine-month license revocation for a first qualifying BAC-based DUI restraint. Early reinstatement may be possible with an ignition-interlock device if the driver satisfies DMV requirements.
First DWAI Penalties in Colorado
Driving While Ability Impaired is a lesser offense than DUI, but it remains a criminal offense.
A first DWAI generally carries:
- 2 to 180 days in jail;
- $200 to $500 in fines;
- 24 to 48 hours of useful public service; and
- 8 DMV points.
A first DWAI conviction does not create the same automatic conviction-based license revocation as DUI, but the driver could still face a separate license action because of a chemical-test result, refusal, accumulated points, or another administrative basis.
Probation, alcohol evaluation, and treatment may also be imposed.
Second DUI or DWAI Penalties
A second DUI or DWAI generally results in substantially greater penalties, including:
- 10 days to one year in jail;
- $600 to $1,500 in fines;
- 48 to 120 hours of public service;
- Probation;
- Alcohol and drug treatment; and
- Increased driver’s-license and ignition-interlock consequences.
Repeat offenses are treated more seriously because Colorado considers qualifying prior DUI, DWAI, DUI per se, DUI vehicular assault, and DUI vehicular homicide convictions when determining repeat-offender status in certain circumstances.
Third DUI or DWAI Penalties
A third DUI or DWAI generally remains a misdemeanor but carries a significantly greater minimum jail sentence.
The usual sentencing range includes:
- 60 days to one year in jail;
- $600 to $1,500 in fines;
- 48 to 120 hours of public service;
- Probation and alcohol monitoring; and
- Significant treatment and driver’s-license consequences.
A person who accumulates three qualifying major traffic offenses within seven years may also be designated a habitual traffic offender, which can result in a five-year driver’s-license revocation. The DMV identifies DUI, DWAI, vehicular assault, and vehicular homicide among offenses relevant to habitual-offender status.
Felony DUI Penalties in Colorado
A DUI, DUI per se, or DWAI generally becomes a class 4 felony when the defendant has three or more qualifying prior impaired-driving convictions arising from separate criminal episodes.
A class 4 felony ordinarily carries a presumptive prison range of two to six years if imprisonment is imposed.
A prison sentence is not automatic in every felony DUI case. Colorado has specialized felony-DUI sentencing provisions allowing probation in appropriate circumstances. When probation is granted, however, the defendant is still subject to substantial mandatory conditions, including a jail component and useful public service. Colorado’s felony-DUI sentencing law requires at least 90 and up to 180 days in county jail as a condition of ordinary felony-DUI probation, subject to the statute’s sentencing alternatives and exceptions.
Felony DUI can also result in extensive alcohol treatment, monitoring, driver’s-license restrictions, ignition-interlock requirements, and the long-term consequences associated with a felony conviction.
DUI Causing Serious Bodily Injury: Vehicular Assault DUI
A DUI case becomes substantially more serious when prosecutors allege that impaired driving caused another person’s serious bodily injury.
Colorado’s vehicular assault statute provides that a person commits vehicular assault when the person drives while under the influence of alcohol, drugs, or both and that conduct is the proximate cause of another person’s serious bodily injury. DUI vehicular assault is a strict-liability offense as to the DUI provision and is classified as a class 4 felony.
The ordinary presumptive sentencing range for a class 4 felony is two to six years of imprisonment, although the actual sentence may vary based on sentencing laws, aggravating circumstances, prior convictions, plea negotiations, and other factors.
A conviction can also result in driver’s-license revocation, restitution for the injured person’s losses, probation or other supervision when legally available, alcohol or drug treatment, and substantial collateral consequences.
Unlike an ordinary DUI, vehicular assault focuses not only on impairment but also on whether prosecutors can prove that the impaired driving proximately caused serious bodily injury. Questions concerning causation, accident reconstruction, the severity of the alleged injury, and chemical-testing evidence may therefore become central to the defense.
DUI Causing Death: Vehicular Homicide DUI
Colorado treats impaired driving that causes another person’s death as one of the state’s most serious DUI-related crimes.
A person commits DUI vehicular homicide when they operate or drive a motor vehicle while under the influence of alcohol, drugs, or both and the conduct is the proximate cause of another person’s death. Colorado characterizes DUI vehicular homicide as a strict-liability offense and classifies it as a class 3 felony.
A class 3 felony ordinarily carries a presumptive sentencing range of four to twelve years in prison, with substantial felony fines potentially available as well. Special sentencing enhancements can increase the potential punishment in certain circumstances.
A vehicular homicide conviction can also result in mandatory driver’s-license revocation. Colorado law specifically requires the DMV to revoke the license of a person convicted of vehicular homicide.
Other consequences can include restitution, lengthy supervision or parole, alcohol and drug treatment, employment and professional-license consequences, and a serious felony record that generally cannot be sealed.
Because causation is an element of vehicular homicide, the defense may examine accident reconstruction, mechanical failures, roadway conditions, actions of other motorists, medical evidence, toxicology results, and whether the alleged impairment was actually the proximate cause of the death.
Ignition Interlock Requirements After a Colorado DUI
An ignition-interlock device prevents a vehicle from starting unless the driver provides an acceptable breath sample. Drivers are also generally required to provide additional samples while driving.
Colorado’s ignition-interlock requirements vary depending on the type of restraint, the driver’s BAC, prior alcohol violations, refusal history, and whether the person is seeking early reinstatement.
A BAC of 0.15 or greater or a chemical-test refusal can significantly increase interlock requirements because both may result in Persistent Drunk Driver consequences. Colorado DMV also imposes additional penalties when an interlock-restricted driver attempts to circumvent the device, drives a vehicle without the required device, repeatedly fails alcohol tests, or fails to have the device serviced.
Alcohol and Drug Education and Treatment
Treatment is a common part of both Colorado DUI sentencing and DMV reinstatement.
Depending on the driver’s BAC, prior alcohol violations, refusal history, and evaluation, the person may be required to complete Level I or Level II alcohol and drug education and treatment.
Chemical-test refusal specifically results in a Persistent Drunk Driver designation and Level II requirements. A BAC of 0.15 or higher also results in PDD status for DMV purposes.
Treatment requirements can continue for months and may include education classes, therapy sessions, abstinence requirements, monitoring, and clinical evaluations.
Probation After a Colorado DUI
Probation is available in many Colorado DUI cases, including misdemeanor DUI and, under appropriate circumstances, felony DUI.
Probation may require the defendant to:
- Complete alcohol or drug treatment;
- Remain alcohol- and drug-free;
- Submit to breath, urine, or other testing;
- Complete useful public service;
- Pay fines, restitution, and court costs;
- Use alcohol-monitoring equipment;
- Report regularly to a probation officer; and
- Avoid additional criminal or traffic violations.
Receiving probation does not necessarily mean avoiding incarceration. Repeat DUI offenses can carry mandatory jail even when probation is imposed. Felony DUI probation also includes specialized mandatory incarceration requirements.
Can DUI Convictions Be Sealed in Colorado?
Colorado DUI and DWAI convictions are generally not eligible for ordinary criminal-record sealing. Colorado Judicial Branch guidance specifically identifies DUI and DWAI convictions among the convictions excluded under the standard sealing statute.
Felony DUI, DUI vehicular assault, and DUI vehicular homicide likewise generally should not be treated as offenses that can simply be sealed after a normal waiting period. Vehicular assault and vehicular homicide are serious felony offenses, and felony victim-rights offenses face significant statutory sealing restrictions.
The situation is different when the criminal case does not result in a conviction. Records from cases ending in an acquittal, complete dismissal, successful qualifying diversion agreement, or successfully completed deferred judgment may be eligible for sealing under separate rules. Colorado Judicial Branch guidance identifies acquittals, qualifying diversion cases, and successfully completed deferred judgments among potentially sealable non-conviction records.
Because sealing eligibility depends heavily on the actual disposition rather than merely the original charge, anyone seeking to seal a DUI-related record should have the final court disposition reviewed carefully.
DUI Court Penalties and DMV Penalties Are Separate
A Colorado DUI arrest generally creates two independent legal tracks.
The criminal court may determine:
- Guilt or innocence;
- Jail or prison;
- Fines;
- Probation;
- Community service;
- Restitution; and
- Court-ordered alcohol or drug treatment.
The DMV separately determines:
- License suspension or revocation;
- Ignition-interlock restrictions;
- Persistent Drunk Driver status;
- SR-22 requirements;
- Reinstatement eligibility; and
- DMV-required education or treatment.
The DMV expressly states that the administrative and criminal proceedings are separate and that the result in one does not determine the result in the other.
Drivers must also pay close attention to DMV hearing deadlines. Current DMV guidance generally requires a hearing request within seven days in qualifying DUI administrative cases, with the triggering date depending on whether the case involves an evidential breath test, refusal, or later-received blood-test result.
Additional Costs and Consequences of a Colorado DUI
The statutory fine listed in a DUI penalty chart is rarely the full financial cost of a conviction.
Additional expenses can include alcohol evaluations, treatment programs, probation supervision, court costs, useful-public-service fees, victim-compensation assessments, ignition-interlock installation and monitoring, SR-22 insurance, driver’s-license reinstatement fees, towing and vehicle expenses, and increased automobile-insurance premiums.
Serious cases involving injuries or death can also include substantial restitution, which may cover qualifying losses suffered by victims.
Beyond financial penalties, a DUI conviction may interfere with employment, professional licensing, commercial driving privileges, education, housing, international travel, and automobile insurance. A felony DUI, vehicular assault, or vehicular homicide conviction can create even more significant long-term consequences.
Additional Resources
Colorado General Assembly – Colorado DUI Laws and Penalties – The Colorado General Assembly publishes materials explaining DUI, DUI per se, DWAI, repeat-offender penalties, felony DUI, and related sentencing provisions. These legislative resources are particularly useful for reviewing the statutory jail ranges and understanding how Colorado’s DUI laws developed.
Colorado Revised Statutes – C.R.S. § 42-4-1301 and § 42-4-1307 – These statutes contain Colorado’s primary DUI, DUI per se, and DWAI provisions and the sentencing rules applicable to misdemeanor and felony DUI offenses. They are the primary legal sources for determining criminal penalties.
Colorado Revised Statutes – C.R.S. § 18-3-205 – Colorado’s vehicular assault statute explains when driving under the influence that proximately causes serious bodily injury becomes DUI vehicular assault, a class 4 felony.
Colorado Revised Statutes – C.R.S. § 18-3-106 – Colorado’s vehicular homicide statute governs DUI crashes resulting in death and classifies DUI vehicular homicide as a class 3 felony.
Colorado Division of Motor Vehicles – The DUI Process – The Colorado DMV explains the two-track nature of DUI proceedings and provides information concerning the criminal process and the separate administrative driver’s-license case.
Colorado DMV – Alcohol DUI and Express Consent – This resource explains chemical-test requirements, refusal consequences, Persistent Drunk Driver status, Level II treatment, and ignition-interlock requirements associated with refusal.
Colorado DMV – DUI Administrative Process – The DMV’s administrative-process page explains driver’s-license hearings, hearing deadlines, reinstatement requirements, BAC-based PDD designation, SR-22 insurance, alcohol treatment, and ignition-interlock restrictions.
Colorado DMV – Ignition Interlock Program – The Colorado DMV provides detailed information regarding ignition-interlock requirements, device servicing, violations, early reinstatement, and the consequences of attempting to circumvent an interlock restriction.
Colorado Judicial Branch – Criminal Record Sealing – The Colorado Judicial Branch provides guidance concerning which Colorado convictions are eligible for sealing and which are excluded. Its current materials specifically identify DUI and DWAI among convictions that generally cannot be sealed through the ordinary conviction-sealing process.
NoDUIColorado.org – Colorado’s No DUI Colorado program provides public information about impaired-driving laws, DUI consequences, alcohol and drug impairment, and ways to avoid impaired driving. It can be a useful starting point for individuals seeking general information about Colorado DUI laws and prevention resources.
Colorado DUI Penalties Attorney | Denver, CO
A DUI penalty chart provides a useful overview, but the consequences in an individual case depend on much more than the name of the charge. BAC, prior convictions, chemical-test refusal, injuries, death, probation history, treatment history, driver’s-license record, and the strength of the prosecution’s evidence can all dramatically affect the potential outcome.
Cases involving DUI vehicular assault or DUI vehicular homicide require especially careful attention because they expose the accused to felony convictions and potentially years in prison. Even an ordinary first DUI can create significant jail, treatment, license, ignition-interlock, and financial consequences.
If you have been charged with DUI, DWAI, felony DUI, DUI vehicular assault, or DUI vehicular homicide, Colorado DUI defense attorney Matthew Martin at Denvers Defense Attorney can review the evidence, explain the penalties you face, challenge the prosecution’s case where appropriate, and help protect your rights in both criminal court and DMV proceedings.
Call 303.725.0017 today to schedule a free consultation with Denvers Defense Attorney.
The Law Office of Matthew A. Martin, P.C. represents clients throughout the greater Denver area, including Denver County, Douglas County, Jefferson County, Adams County, Arapahoe County, Boulder County, and Broomfield County.