What are Colorado’s DUI penalties?

Jail or prison time, the loss of driving privileges, high fines and court fees, and the use of an ignition interlock device are just some of the consequences that a person may face if convicted of drunk or drugged driving in Colorado.

The legalization of recreational marijuana in Colorado a few years ago opened the doors to a whole new industry. In addition to launching businesses like growers, producers and retail outlets that sell cannabis products, the move changed impacted many laws, including those that pertain to impaired driving.

It is important for residents to know that an allegation of driving under the influence can be related to marijuana just as easily as it can alcohol. Given this, it is wise for people to be aware of the consequences associated with a driving under the influence (DUI) conviction in Colorado.

Definition of impairment

Colorado laws identify the presence of five nanograms or more of delta-9 tetrahydrocannabinol per milliliter of whole blood as grounds for charging a driver with a driving under the influence of drugs offense.

People with a blood alcohol content of .08% or greater may be charged with a driving under the influence of alcohol offense. If a person’s blood alcohol content (BAC) is .15% or greater, they may be charged as a persistent drunk driver and experience more severe penalties.

First DUI penalties

After a first DUI conviction, a person may have their driver’s license revoked for up to nine months but may be eligible to have it reinstated after the first month if they install and use an ignition interlock device. The IID may be required for up to eight months for drivers with BAC levels between .08% and .14% or up to 24 months for drivers with BAC levels exceeding .14%.

A first offense may also add 12 points to a person’s driving record. The driver may also be required to spend between two days and 180 days in jail. However, the incarceration period may be avoided or reduced if the driver participates in a substance abuse treatment program.

A first DUI is a misdemeanor in Colorado.

Second DUI penalties

Committing a second DUI offense can lead to 10 days to one year in jail. Offenders also face one year of license revocation and a fine ranging from $600 to $1,500. Furthermore, the law mandates offenders to accomplish 48 to 120 hours of public service and install an ignition interlock device (IID) for two years following license reinstatement. Additionally, this offense adds 12 points to a person’s driving record. Repeating this offense after a conviction within the last five years requires an offender to serve a 10-day jail sentence at once.

Third DUI penalties

A third DUI offense can lead to 60 days to one year of jail time. Offenders must pay a fine of $600 to $1,500, including court costs. On top of that, Colorado law requires a driver’s license suspension of up to two years with an IID installation for two years following reinstatement.

Lawbreakers have to complete 48 to 120 hours of community service and 90 days of continuous alcohol monitoring, if the courts grant probation. While a third offense comes with more severe penalties, offenders face 12 points on their driving record.

Felony DUI charges in Colorado

A fourth DUI offense counts as a class 4 felony, which generally requires two to six years in prison with a three-year parole. The courts may impose fines ranging from $2,000 to $500,000. Should the judge grant probation, the driver faces 90 days of continuous alcohol monitoring. On top of that, their license remains revoked for two years.

If an offender’s case involves vehicular assault or homicide, the penalties become graver. A DUI causing serious injury shares the same penalties as a fourth DUI offense. Meanwhile, a DUI causing death counts as a class 3 felony. This means violators will face four to 12 years in prison with a three-year parole and potential fines ranging from $2,000 to $5,000. Additionally, they also face a minimum of one-year license revocation and 90 days of alcohol monitoring during probation.

The legal process behind license revocation

Colorado has an express consent rule that requires vehicle operators to submit a chemical breath or blood test after a DUI arrest. If a person fails a test or displays .08% BAC, the Colorado Division of Motor Vehicles (DMV) will move to revoke their license. While they can refuse the test, doing so can lead to harsh penalties, such as a one-year license revocation and a persistent drunk driver designation.

If an individual faces a DUI arrest, they can contest their license suspension by requesting an express consent or Colorado DMV hearing. This process is separate from the criminal case on the DUI offense, which occurs in court.

Upon receiving an express consent affidavit and notice of revocation, a violator must respond under these circumstances:

• File a request within seven days of the arrest if an individual refuses a test during the stop.
• File a request within seven days of receiving the blood test results.
• File a request within seven days of the DUI arrest if an individual took a test during a stop.

Missing the seven-day window signals the DMW that you are waiving your right to contest. This also means that you will face an automatic license revocation.

Zero tolerance for underage DUI offenses

The courts in Colorado take underage drinking and driving (UDD) seriously. The law mandates that any vehicle operator under 21 years old with a BAC of .02% to .05% is subject to the following penalties:

• First UDD: A class A traffic infraction that results in $100 in fines and a three-month driver’s license revocation with a chance to request a probationary license after 30 days
• Second UDD: A class 2 traffic misdemeanor that requires offenders to spend 10 to 90 days in jail, pay up to $300 in fines and face a six-month driver’s license revocation
• Third UDD: A class 2 traffic misdemeanor that requires offenders to spend 10 to 90 days in jail, pay up to $300 in fines and face a one-year driver’s license revocation

Depending on an individual’s case, the courts may impose additional punishments. Whether a first or third UDD offense occurred, it is possible to face four DMV points to the driving record, public service and more.

Defendants’ rights matter

Every person accused of drunk or drugged driving deserves to have their rights respected. Talking with an experienced criminal defense attorney is a good way for drivers to learn what their rights are when facing these types of charges.