Colorado DUI Laws and Penalties
Explained
If you're arrested for a DUI (Driving Under the Influence) in Colorado, learning about the state's DUI statutes and punishments is critical for handling your legal case properly.
Colorado DUI statutes are harsh, with significant consequences for convicted individuals, including monetary fines, license suspension, and imprisonment. This resource provides a detailed overview of DUI punishments in Colorado to keep you well-informed and prepared.
An Overview of Colorado DUI Laws
Colorado DUI statutes are overseen by Colorado Revised Statutes § 42-4-1301, which prohibits driving or operating a vehicle while impaired by alcohol or controlled substances. The state enforces tough penalties for DUI violations, with punishments that become more severe for individuals with multiple convictions.
According to Colorado law, DUI (Driving Under the Influence) of alcohol, drugs, or controlled substances represents a single violation, demonstrated by impaired abilities or a blood alcohol concentration of 0.08 or higher.
Colorado enforces an "implied consent" rule, which means driving on Colorado streets automatically means you agree to chemical testing if arrested for DUI. Refusing these tests leads to immediate license suspension and can be presented as evidence in your trial.
An Overview of Colorado DUI Penalties
Based on Colorado law (Colorado Revised Statutes § 42-4-1301), DUI punishments involve significant fines, potential incarceration, license suspension, and mandatory ignition interlock installation, with severity based on your criminal history and case circumstances.
These consequences can greatly impact your driving rights, career options, and financial well-being. Whether you're researching general details or confronting DUI charges, understanding Colorado's stringent laws and progressive punishments for each violation is essential.
Specific Penalties for a DUI in Colorado
Colorado DUI Fine Schedule
In Colorado, DUI fines increase with every violation. Punishments become more severe when your blood alcohol concentration reaches 0.15 or above or when a minor was present in your vehicle during arrest. These circumstances are considered extremely hazardous.
The state applies financial punishments to emphasize the gravity of impaired driving. Individuals with multiple violations encounter substantially larger fines designed to prevent repeated dangerous behavior and maintain public safety.
First Conviction
Second Conviction
Third Conviction
Fourth+ Conviction
Colorado Imprisonment Terms
Colorado enforces stricter incarceration terms for every DUI conviction. An initial violation may lead to up to one year of imprisonment, but elevated blood alcohol concentrations or aggravating circumstances can extend that punishment.
Additional violations result in mandatory minimum incarceration periods that grow substantially. The law also mandates that specific imprisonment time be served consecutively to prevent offenders from easily avoiding their sentence.
First Conviction
- 5 days to 1 year imprisonment
- Enhanced penalties for high BAC or special circumstances
Second Conviction
- 10 days to 1 year imprisonment
- Mandatory minimum with enhanced penalties
Third Conviction
- 60 days to 1 year imprisonment
- Class 4 felony with enhanced penalties
Fourth+ Conviction
- Class 4 felony - 1 to 6 years state prison
- Habitual offender with state prison time
Colorado Vehicle Impoundment/Immobilization
Colorado statutes may mandate that the offender's vehicle be impounded following specific DUI convictions. The duration varies based on particular circumstances and prior violations.
This consequence acts as a deterrent by limiting the offender's immediate capacity to operate a vehicle. Vehicle impoundment or confiscation may be required, particularly for repeat violators or when the vehicle facilitated the offense.
Unless the family has no other transportation:
Colorado Driver License Revocation Periods
Having your driver's license taken away in Colorado following a DUI is standard practice, and the timeframe varies based on the violation details. Initial violations typically lead to a suspension lasting 90 days, but this duration increases substantially for additional violations.
Repeated violations result in significantly longer suspensions. Following a fourth conviction, the state revokes your license for five years. In certain situations, you may request limited driving privileges after completing a minimum period, but approval is not guaranteed.
First Offense
- • Without prior offense: 9 months minimum
- • Enhanced: With enhanced BAC: 1 year mandatory revocation
Second Offense
- • Within timeframe: 1 year minimum revocation
- • Enhanced: Ignition interlock for 2 years
Third Offense
- • Within timeframe: 2 years minimum revocation
- • Enhanced: Ignition interlock for 2 years
Fourth+ Offense
- • Indefinite license revocation
- • Enhanced: Ignition interlock for 3 years
Serious DUI Offenses in Colorado
Colorado categorizes DUI-related deaths as grave felonies. DUI manslaughter can result in up to 15 years of imprisonment and a substantial fine. When the driver flees the scene, the charge becomes even more serious.
Vehicular homicide follows a similar approach. These cases demonstrate how Colorado differentiates between standard DUI charges and those causing death. The legal consequences reflect the permanent harm caused by one reckless action.
DUI Manslaughter
- Second degree felony
- Up to $10,000 fine and/or 15 years imprisonment
Vehicular Homicide
- Second degree felony
- Up to $10,000 fine and/or 15 years imprisonment
Colorado Ignition Interlock Law and Device Guidelines
Colorado law requires ignition interlock devices for specific DUI convictions. Requirements differ based on violation severity and blood alcohol concentration during arrest. First-time violators with a BAL of 0.15 or higher must install an ignition interlock device for one year, while those with lower BAC concentrations need it for six months.
Repeat violators face mandatory ignition interlock requirements spanning two to four years, based on their BAL and conviction record. The device must be installed by a state-authorized provider and requires regular maintenance and monitoring.
All expenses related to the ignition interlock device, including installation, monthly monitoring costs, and removal, are the offender's responsibility. Tampering with or bypassing the device represents a separate criminal violation.
For complete statutory language and the most current information, please refer to:
Colorado Revised Statutes § 42-4-1301Colorado Department of Revenue (DOR)
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