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.
|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.
|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
|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.