Colorado DUI Penalties: First Offense, Jail Time & Your License

By William Bacharach, Criminal Defense Attorney | Bacharach Law, Denver

Colorado DUI penalties at a glance: A first DUI carries 5 days to 1 year in jail (the minimum can be suspended if you complete alcohol education), a $600–$1,000 fine, 48–96 hours of community service, and a 9-month license revocation. A first DWAI is lighter: 2–180 days, $200–$500, and 24–48 hours. DUI becomes a class 4 felony on a fourth lifetime offense. If your BAC was 0.20 or higher, a 10-day jail minimum applies even on a first offense.

Colorado punishes impaired driving under a single statute — § 42-4-1307, C.R.S. — but the sentence you actually face depends on three things: whether you are charged with DUI or the lesser DWAI, how many prior offenses you have, and what your blood alcohol content (BAC) was. This guide walks through each tier, what happens to your driver’s license (a separate DMV case most people don’t see coming), and where an experienced defense attorney can change the outcome.

What Are the Penalties for a First DUI in Colorado?

A first-offense DUI in Colorado is a misdemeanor punishable by 5 days to 1 year in county jail, a fine of $600 to $1,000, and 48 to 96 hours of useful public service. The court can suspend the 5-day jail minimum, and usually does, if you complete an alcohol and drug evaluation and a Level I or Level II education program. § 42-4-1307(3), C.R.S. The community service hours cannot be waived, and the court may add up to two years of probation.

First Offense: DUI vs. DWAI

• DUI — jail: 5 days–1 year (minimum suspendable with alcohol education); fine: $600–$1,000; public service: 48–96 hours; license: 9-month revocation for BAC 0.08+
• DWAI — jail: 2–180 days (minimum suspendable the same way); fine: $200–$500; public service: 24–48 hours; license: no automatic per se revocation at 0.05–0.079, though a refusal or other triggers can still cost your license
• Either offense with BAC 0.20+ — the jail minimum jumps to 10 days, even on a first offense. § 42-4-1307(3)(b), (4)(b)

Is a DUI a Felony in Colorado?

No — a first, second, or third DUI in Colorado is a misdemeanor. DUI becomes a class 4 felony when you have three or more prior convictions for DUI, DUI per se, DWAI, vehicular homicide, or vehicular assault, in other words, on a fourth lifetime offense. § 42-4-1301(1)(a), C.R.S. A class 4 felony carries 2 to 6 years in the Department of Corrections and 3 years of mandatory parole. Priors count from any state, and there is no time limit, a DWAI from twenty years ago still counts.

A DUI case can also become a felony a different way: if someone was seriously injured, the charge is vehicular assault (class 4 felony); if someone was killed, it is vehicular homicide (class 3 felony). §§ 18-3-205(1)(c), 18-3-106(1)(c), C.R.S.

What Happens to Your Driver’s License After a DUI Arrest?

Your license case starts the night of the arrest, and it runs on a separate track from the criminal case. If you blew 0.08 or higher (or refused testing), the officer takes your license and issues a temporary permit valid for just seven days. You then have seven days to request a DMV hearing in writing, miss the window and the revocation goes into effect automatically. § 42-2-126, C.R.S.

DMV Revocation Periods (Express Consent)

• BAC 0.08+ (first violation): 9 months — but drivers 21+ can apply for early reinstatement with an ignition interlock right away, and can drop the interlock after 4 consecutive months of clean reports. § 42-2-132.5(4)(a)(II)
• Refusal (first violation): 1 year — early reinstatement with interlock available after 2 months, but refusal makes you a persistent drunk driver, which means a minimum 2-year interlock
• BAC 0.15+: persistent drunk driver designation — minimum 2-year interlock after reinstatement, plus Level II education and SR-22 insurance
• Second / third BAC violation: 1 year / 2 years. § 42-2-126(3)

The DMV hearing matters for more than the license. It is often the defense’s first chance to question the stopping officer under oath, testimony that can shape the criminal case that follows.

Second DUI Penalties

A second offense, at any point in your lifetime, carries 10 consecutive days of mandatory jail up to 1 year, a $600–$1,500 fine, 48–120 hours of public service, two years of mandatory probation, and one year of additional suspended jail hanging over the probation. § 42-4-1307(5), C.R.S. The court can generally authorize in-home detention or work release for the 10-day minimum, unless the new offense happened within five years of the first, in which case those alternatives narrow sharply (work release only, to keep a job, school, or court-ordered treatment).

Third DUI Penalties

A third offense means 60 consecutive days of mandatory jail, up to 1 year, with no suspension of the minimum and only limited work-release exceptions. § 42-4-1307(6), C.R.S. One more and you are in felony territory.

What Is DWAI — and Why the 0.05 Threshold Surprises People

DWAI: driving while ability impaired, means alcohol or drugs affected you to the slightest degree. A BAC between 0.05 and 0.079 creates a permissible inference of DWAI, which surprises drivers who believed 0.08 was the only number that mattered. § 42-4-1301(1)(b), (6)(a), C.R.S. DWAI is a lesser offense with lighter penalties on a first offense, but it counts as a full prior for every repeat-offense enhancement, including felony DUI.

Marijuana and Drug DUI

Five nanograms of active THC per milliliter of whole blood creates a permissible inference of DUI. § 42-4-1301(6)(a)(IV), C.R.S. Unlike the alcohol per se rule, this is an inference a jury may reject. Regular users can test above 5 ng without impairment, and that is a genuine trial issue. A medical marijuana card is not a defense, but it cannot be used as the basis for a blood draw by itself. Our drug possession guide covers what happens when a DUI stop turns up controlled substances.

The Consequences Beyond the Sentence

A Colorado DUI conviction cannot be plea-bargained down to a non-alcohol traffic offense unless the DA concedes the case cannot be proven, the statute forbids it. § 42-4-1301(4), C.R.S. Refusing the blood or breath test is admissible against you at trial. And under current law, a DUI or DWAI conviction generally cannot be sealed from your record later. Unlike many misdemeanors, it follows you.

Where DUI Cases Are Won

DUI cases are defended at the seams: whether the stop was lawful, whether roadside sobriety maneuvers were administered and scored correctly, whether the breath machine was calibrated and the 20-minute observation period honored, whether a blood draw followed protocol, and whether the two-hour testing window can actually be established. A suppressed stop or excluded test result can change outcomes. As a former deputy state public defender, William Bacharach has litigated these issues numerous times.

Talk to a Colorado DUI Defense Attorney

Charged With DUI or DWAI? The Clock Is Already Running

Attorney William Bacharach is a former public defender who defends DUI cases across Denver and the Front Range. Free consultation: (720) 303-5778, nights and weekends available.

This article explains Colorado law for general information only and is not legal advice. Every case is different; past results do not guarantee future outcomes. Statutes current as of the 2025 Colorado Revised Statutes — verified against § 42-4-1307, § 42-4-1301, § 42-2-126, and § 42-2-132.5, C.R.S.

Frequently Asked Questions

What is the penalty for a first DUI in Colorado?

A first-offense DUI carries 5 days to 1 year in county jail, a $600 to $1,000 fine, and 48 to 96 hours of useful public service under § 42-4-1307(3) — plus a 9-month license revocation through the Colorado DMV. The court may suspend the 5-day jail minimum if you complete an alcohol evaluation and the Level I or II education program it recommends, and may add up to 2 years of probation. The public service hours cannot be waived. BAC of 0.15 or higher triggers the persistent drunk driver (PDD) designation, which means a minimum 2-year ignition interlock after reinstatement plus Level II education and therapy.

What is the difference between DUI and DWAI in Colorado?

DUI under § 42-4-1301(1)(a) applies when a driver is substantially impaired or has a BAC of 0.08 or higher. DWAI under § 42-4-1301(1)(b) applies when the driver is impaired to the slightest degree — typically BAC between 0.05 and 0.079. DUI carries a 9-month license revocation and 12 DMV points; DWAI carries no administrative revocation but 8 DMV points. Both are criminal offenses that create a permanent record; DWAI is not a traffic ticket.

When does a DUI become a felony in Colorado?

A fourth or subsequent DUI, DUI per se, or DWAI is a class 4 felony under § 42-4-1301(1)(a), (1)(b), and (2)(a), punishable by 2 to 6 years in the Department of Corrections, $2,000 to $500,000 in fines, and 3 years of mandatory parole. There is no lookback period — a DUI from 25 years ago still counts, and qualifying priors include vehicular homicide and vehicular assault from any state. A DUI can also be a felony when it causes serious bodily injury (vehicular assault, § 18-3-205, class 4 felony) or death (vehicular homicide, § 18-3-106, class 3 felony).

How long does a DUI stay on your record in Colorado?

A Colorado DUI conviction stays on your criminal record permanently unless sealed. Under current Colorado law, DUI and DWAI convictions are generally ineligible for sealing — a point the legislature has revisited but not yet changed. DMV driving record consequences are separate: points remain on your driving record for set periods, but the criminal conviction itself is a permanent record.

What happens to my license after a DUI arrest in Colorado?

You have exactly 7 days from the date of arrest to request a DMV hearing under the express consent statute (§ 42-2-126). If you do not request the hearing within 7 days, your license is automatically revoked after 7 days for 9 months on a first DUI. Requesting the hearing preserves your license pending the hearing outcome and is critical to preserving options — an experienced DUI attorney files the DMV request as one of the first steps in any case.

Can a DUI charge be reduced to a DWAI in Colorado?

Yes — this is one of the most common negotiated outcomes in Colorado DUI practice when the BAC is below 0.10 or there are evidentiary weaknesses. A DUI reduced to DWAI carries significantly lower minimum penalties, fewer DMV points, and avoids the 9-month license revocation. Reduction depends on case-specific facts including BAC level, driving pattern, officer observations, field sobriety test accuracy, and any prior history.

Do I need a lawyer for a first-offense DUI in Colorado?

Yes. Even a first-offense DUI carries a 5-day jail minimum that is only suspendable through alcohol education — and a 10-day mandatory minimum if your BAC was 0.20 or higher (§ 42-4-1307(3)(b)) — plus a permanent criminal record, a 9-month license revocation, and collateral consequences including immigration implications, professional licensing issues, and lasting insurance cost increases. Diversion, deferred sentencing, and reduction to DWAI are all possible outcomes that self-represented defendants rarely achieve — the negotiation leverage belongs to experienced counsel.