DUI penalties

Defending Your Rights, Protecting Your Freedom

DUI/DWAI Penalties
Offense	Jail Term	Can Court Suspend Jail?	Probation	Fine	Public Service	License Revocation
1st DUI	5 days – 1 year	Yes, with alcohol/drug evaluation and alcohol education	Up to 2 years	$600 – $1,000	48 – 96 hours	9 months
1st DUI with BAC > .20%	10 days – 1 year	No, but court can grant home detention	Up to 2 years	$600 – $1,000	48 – 96 hours	9 months
1st DWAI	2 days – 180 days	Yes, with alcohol/drug evaluation and alcohol education	Up to 2 years	$200 – $500	24 – 48 hours	None
1st DWAI with BAC > .20%	10 days – 1 year	No, but court can grant home detention	Up to 2 years	$200 – $500	24 – 48 hours	None
2nd DUI/DWAI in 5 years	10 days – 1 year	No, but court can grant home detention	2 – 4 years	$600 – $1,500	48 – 120 hours	1 year
2nd DUI/DWAI after 5 years	10 consecutive days – 1 year	No, but court can grant home detention	2 – 4 years	$600 – $1,500	48 – 120 hours	1 year
3rd DUI/DWAI	60 consecutive days – 1 year	No, but court can grant work release or community corrections	2 – 4 years	$600 – $1,500	48 – 120 hours	2 years

Felony DUI Penalties
Offense	Penalty
Fourth DUI or DWAI	Class 4 Felony: 2 – 6 years Colorado State Prison with 3-year parole and/or $2,000 – $500,000; 90 days of continuous alcohol monitoring if granted probation; and 2-year license revocation (IID-restricted license eligibility after 1 year).
Vehicular Assault (DUI Causing Serious Injury)	Class 4 Felony: 2 – 6 years prison with 3-year parole; and/or $2,000 – $500,000; 1-year minimum license revocation; and 90 days of continuous alcohol monitoring if granted probation.
Vehicular Homicide (DUI Causing Death)	Class 3 Felony: 4 – 12 years prison with 5-year parole; and/or $3,000 – $750,000; 1-year minimum license revocation; and 90 days of continuous alcohol monitoring if granted probation.