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Penalties

The following tables summarize the criminal and administrative penalties upon conviction as they appear in sections 42-4-1301, 42-4-1307, 42-2-125, 42-2-126, 42-2-127, Colorado Revised Statutes. There are both criminal penalties (fines, court costs, imprisonment, required public service, required alcohol education and treatment, etc) and administrative penalties for drunk driving. Courts impose criminal penalties, while the Colorado Department of Revenue imposes the administrative penalties. Administrative penalties include the suspension or revocation of driving privileges due to the conviction of certain alcohol offenses or the accumulation of sufficient points assessed for all types of violations. This summary does not include all the details contained in state law and regulations. For more information, contact us to discuss your particular situation and applicable penalties.

CRIMINAL PENALTIES1

Offense Jail Term Range Mandatory Jail Maximum Jail Period of Probation Fines Public Service
1st DWAI 2 days - 180 days None 180 days Up to 2 years $200 - $500 24 - 48 hours
1st DUI 5 days - 1 year None 1 year Up to 2 years $600 - $1,000 48 - 96 hours
2nd Offense - outside of 5 years 10 days - 1 year 10 days 2 years 2 - 4 years $600 - $1,500 48 - 120 hours
2nd Offense - within 5 years 10 days -  1 year 10 days  consecutive 2 years 2 - 4 years $600 - $1,500 48 - 120 hours
3rd or Subsequent Offense 60 days - 1 year 60 days consecutive 2 years 2 - 4 years $600 - $1,500 48 - 120 hours
1st UDD None None None None $100 Up to 24 hours
DUR Alcohol 30 days - 1 year 30 days 1 year None $500 - $1,000 None
1st Alcohol Conviction with a BAC >.200 10 days - 1 year 10 days 1 year Up to 2 years $600 - $1,000 48 - 96 hours

(1)This table is a summary of commonly requested information and possible penalties. It does not represent an official legal position of The Orr Law Firm, L.L.C. and does not bind any employees of The Orr Law Firm, L.L.C. It is intended to provide a general overview of Colorado Law as of the date of its preparation. Any person needing legal advice should consult with The Orr Law Firm, L.L.C. and should not rely solely on the information in the above table.

When charged with a DUI in Colorado, you face possible administrative penalties as well as possible criminal penalties.  Administrative penalties are assessed by the Department of Revenue, Division of Motor Vehicles.  Administratively, the DMV is coming after your driving privileges.  Possible penalties for DUI offenses are contingent upon prior criminal and administrative convictions, as well as the current number of points on your motor vehicle record.  The chart below includes a summary of administrative penalties based upon offense type and priors.  For more detailed information on possible penalties for your particular situation, please contact us directly to speak with a Colorado DUI defense attorney or a staff member at The Orr Law Firm, L.L.C.

ADMINISTRATIVE PENALTIES2

Offense License Suspension / Revocation Points Assessed
Failed BAC test of .080 or higher 9 months None
2nd Failed BAC test of .080 or higher 1 year None
3rd or subsequent Failed BAC test of .080 or higher 2 years None
 1st Refusal  1 year  None
 2nd Refusal  2 years  None
 3rd or subsequent Refusal  3 years  None
1st DWAI criminal conviction None 8 points
1st DUI criminal conviction 9 months 12 points
2nd DUI or DWAI  criminal conviction in a 5 year period
1 year DUI -12 points DWAI - 8 points
3rd or subsequent DUI or DWAI criminal conviction 2 years DUI -12 points DWAI - 8 points
1st UDD (BAC .02 -.049) 3 months - 1st offense 6 months - 2nd offense 1 year - 3rd or subsequent offense 4 points
Driving Under Revocation / Suspension 1 year None
2nd Driving Under Revocation / Suspension
convictions in a 5 year period
3 years None
3rd Major Traffic Offense in a 7 year period 5 years None

(2)This table is a summary of commonly requested information and required administrative penalties. This table is for penalties assessed upon criminal conviction of the listed violation only. It does not take into account any previous administrative penalties assessed by the Colorado Department of Revenue. It does not represent an official legal position of The Orr Law Firm, L.L.C. and does not bind any employees of The Orr Law Firm, L.L.C. It is intended to provide a general overview of Colorado Law as of the date of its preparation. Any person needing legal advice should consult with The Orr Law Firm, L.L.C. and should not rely solely on the information in the above table.

Penalty Update

2010 DUI Penalty Update

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The Orr Law Firm, L.L.C.
720 S. Colorado Blvd., Suite 1110-N
Denver, CO, 80246 USA
303.818.2448