Penalties
The following tables summarize the criminal and administrative penalties upon conviction as they appear in sections 42-4-1301, 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 | Fines | Public Service |
| 1st DWAI | 2 days - 180 days | None | $200 - $500 | 24 - 48 hours |
| 1st DUI | 5 days - 1 year | None | $600 - $1,000 | 48 - 96 hours |
| 2nd DWAI | 45 days - 1 year | 5 days | $600 - $1,000 | 48 - 96 hours |
| DWAI w/prior DUI | 60 days - 1 year | 6 days | $800 - $1,200 | 52 - 104 hours |
| DUI w/ prior DWAI | 70 days - 1 year | 7 days | $900 - $1,500 | 56 -112 hours |
| 2nd DUI | 90 days - 1 year | 10 days | $1,000 - $1,500 | 60 - 120 hours |
| 1st UDD | None | None | $100 | Up to 24 hours |
| DUR Alcohol | 30 days - 1 year | 30 days | $500 - $1,000 | TBD |
(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, LLC and does not bind any employees of The Orr Law Firm, LLC. 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, LLC and should not rely solely on the information in the above table.
ADMINISTRATIVE PENALTIES2
| Offense | License Suspension | Points Assessed |
| Failed BAC test of .08 or higher | 9 months | |
| 2nd Failed BAC test of .08 or higher | 1 year | |
| 3rd or subsequent Failed BAC test of .08 or higher | 2 years | |
| DWAI | None | 8 points |
| 1st DUI criminal conviction | 9 months | 12 points |
| 2nd DUI or DWAI conviction | 1 year | DUI 12 points DWAI 8 points |
| 3rd DUI or DWAI conviction | 2 years | DUI 12 points DWAI 8 points |
| 1st UDD (BAC .02-.05) | 3 months - 1st offense 6 months - 2nd offense 1 year - 3rd or subsequent offense |
4 points |
| Driving Under Restraint / Suspension | 1 year |
(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, LLC and does not bind any employees of The Orr Law Firm, LLC. 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, LLC and should not rely solely on the information in the above table.
