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The penalties for driving under the influence vary depending on the state in which you are arrested. It’s important to understand the laws about what’s legal and what happens if you’re arrested for driving while intoxicated. This article focuses on Colorado penalties for driving under the influence of drugs or alcohol.

Colorado’s drinking and driving laws are separated into two different categories: driving under the influence of alcohol or drugs (DUI), or driving while ability is impaired (DWAI). If you are driving with a blood alcohol concentration (BAC) of .08 or more, you can be arrested for a DUI. If your BAC is less than the legal limit of .08 and there’s evidence that you are driving while impaired (e.g., not being able to perform a field sobriety test), you may be charged with the lesser DWAI offense.

Marijuana is a legal substance in Colorado. However, it’s illegal to drive if your blood contains 5 nanograms or more of delta-9 THC, the active chemical in marijuana. If chemical testing shows that your blood levels exceed the legal limit of THC, you can be arrested for a DUI. Similar to drinking and driving, you can also be arrested for a DWAI if you have less than 9 nanograms of THC in your system but other evidence indicates you’re too impaired to drive.

The list below contains possible penalties if convicted of a DUI or DWAI in the state of Colorado.

DUI Offenses

First DUI Offense

  • Driver’s license suspension for up to nine months
  • If you’re arrested with .15 BAC or higher, you may incur a Persistent Drunk Driver charge, a more serious offense with higher penalties.
  • Five days–one year of jail time
  • $600–$1000 fine
  • 48–96 hours of community service

 

Second DUI Offense

  • Driver’s license suspension for one year (if within five years of previous DUI conviction)
  • 10 days–one year of jail time
  • Two or more years of probation
  • $600–$1,500 fine
  • 24–48 hours of community service Installation of an ignition interlock device for two to five years

 

Third DUI Offense

  • Driver’s Licenses suspension for up to two years
  • 60 days–one year of jail time
  • Two or more years of probation
  • $600–$1,500 fine
  • Serve 48–120 hours of community service
  • Installation of an ignition interlock device for two to five years

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DWAI Offenses

First DWAI Offense

  • Driver’s license suspension for 9 months
  • As with a DUI, if you’re arrested with .15 BAC or higher, you may incur a Persistent Drunk Driver charge.
  • 2–180 days of jail time
  • $200–$500 fine
  • 24–48 hours of community service

 

Second DWAI Offense

  • Driver’s license suspension for one year (if within five years of previous conviction).
  • 10 days–one year of jail time
  • Two or more years of probation
  • $600–$1,500 fine
  • 48–120 hours of community service

 

Third DWAI Offense

  • Driver’s license suspension for two years
  • 60 days–one year of jail time
  • Two or more years of probation
  • $600–$1,500 fine
  • 48–120 hours of community service

With a DWAI offense, you may be eligible for early license reinstatement if you live in the state and install an ignition interlock device on your vehicle.

Persistent Drunk Driver Offense

After a fourth and subsequent DUI or DWAI charge, you will be considered a Persistent Drunk Driver (PDD). In Colorado, a PDD is a class 4 felony and the offender may incur more severe penalties, including longer license suspension time, increased jail time and higher fees. You may also receive a PDD classification if you:

  • Were operating a vehicle with a BAC of .15 or higher.
  • Have been convicted of two or more DUI or DWAI offenses within a set period of time.
  • Refused to participate in a chemical test, including breath, blood, urine or saliva tests.
  • Refusing to participate in chemical testing if there is probable cause violates Colorado’s expressed consent law.
  • Were caught driving a vehicle with a suspended or revoked license.

Another possible DUI or DWAI penalty may include a requirement to complete an alcohol assessment and enroll in an alcohol education class for a number of hours. If not mandated by the court, check with your DUI attorney to see if alcohol education classes can reduce or lessen any of your penalties.

If you need additional assistance with a DUI or DWAI charge, in Colorado or any other state, please get in touch with a DUICare expert to walk you through the process. Nobody should have to face these charges alone. Let DUI.org help.