Drink Driving in Colorado:
What are the penalties for a DWAI/DUI in Colorado?
| Drink Driving in Colorado | 1st Offense | 2nd Offense | 3rd Offense |
| Jail | Up to 1 year (DUI), or up to 180 days (DWAI) | Up to 1 year (DUI & DWAI) | Up to 1 year (DUI & DWAI) |
| Fines and Penalties | Up to $1,000 (DUI), or up to $500 (DWAI) | Up to $1,500 (DUI & DWAI) | Up to $1,500 (DUI), or up to $1,000 (DWAI) |
| License Suspension | 9 months (DUI), none for DWAI | 1 year (DUI & DWAI) | 2 years (DUI & DWAI) |
| IID** Required | No | Yes | Yes |
DWAI With Previous DUI: Jail – 60 Days to 1 Year, Fine – $800 to $1,200, Public Service – 52 to 104 Hours
DUI With Previous DWAI: Jail – 70 Days to 1 Year, Fine – $900 to $1,500, Public Service – 56 to 112 Hours
Lookback Period: There is no lookback period in Colorado. All prior DWAI/DUIs are relevant for sentencing and penalty purposes.
How much do you have to drink (BAC*) for a DWAI/DUI in Colorado?
| Under 21 | .02% |
| 21 or older | .08% DUI or .05% DWAI |
What if you refuse to take a chemical test in Colorado?
Colorado has an implied consent law. That means that if you refuse to submit to a chemical test you will be subject to a fine and automatic license suspension. To learn more, see Colorado’s implied consent law.
| 1st Offense | 2nd offense | 3rd Offense | |
| Refusal to take test | 1 year revocation of license | 2 year revocation of license | 3 year revocation of license |
New DUI Laws
Colorado modified the amount of time an offender is required to stay in jail for a DUI conviction and now imposes a 10-day minimum jail term for a second offense as well as a 60-day minimum jail sentence for a third and subsequent offense. Additionally, the law has eliminated the requirement that an offender wears an ankle bracelet leaving only two options: either serve requisite time or apply for a work-release program.
Laws of Drink Driving in Colorado
Drink Driving in Colorado, laws in The State of Colorado are similar to other DUI laws in the United States, however, Colorado also has a Driving While Ability Impaired (DWAI) law that makes it illegal to drive with a lower blood alcohol concentration (BAC) level that is lower than most states. The DWAI law starts at 0.05 percent (BAC) whereas most states start with a 0.8 percent BAC. The Colorado DUI law prohibits a person from driving when they have a concentration of .08 percent or more alcohol in their blood system. This is the standard measurement used by most states for the “impaired” driver.
The first time you are caught driving with a blood-alcohol content of .08 or above, you are guilty of driving under the influence. The fine for your first DUI is from $300- $1000. You will spend 5 days to 1 year in jail with mandatory public service from 48 to 96 hours. You will also have your license revoked for 1 year.
How many drinks does it take to reach the legal limit in Colorado?
There are many variables that determine if a person has reached the legal limit, however, what may make one person legally drunk, isn’t always the case with another individual. There are BAC calculators and Alcohol Charts that can serve as a point of reference, but again individual factors such as age, weight and the duration of time that has passed between drinks all play into the equation. There isn’t a single formula that works for everyone. On average it takes very little alcohol to become legally drunk and the best answer to drinking and driving is to have zero drinks before you drive.
