Colorado DUI Penalties
If you are convicted of or plead guilty to driving under the influence or driving while ability impaired, the law may impose serious penalties on you. In addition to losing your license you face jail time, fines, community service, and alcohol classes. However, judges have discretion to adjust sentences in order to achieve a just result. In fact, there are many factors that judges take into account when making a sentence. However, in many cases the prosecutor will argue for the most severe sentence possible. Thus, you never want to go into a sentencing hearing alone. If you are convicted of DUI, you will need a strong advocate in your corner that will fight to have your sentence reduced. At The Adams Law Firm, attorney Jared Adams can leverage his extensive experience as a public speaker and advocate as well as his experience working for a judge to achieve the best possible result for you.
The penalties for a DUI or DWAI conviction are set forth in C.R.S. 42-4-1301. The sentencing range in any case depends on the defendant's prior history of alcohol-related traffic offenses as well the defendant's blood alcohol content.
Penalties for a DUI and DUI Per Se Conviction
A conviction for DUI or DUI Per Se with no prior convictions for DUI or DWAI may result in the following penalties:
• No mandatory jail time
• 5 days to 1 year of possible jail time
• Fine of $600-$1,000
• 48 to 96 hours of useful public service
A conviction for DUI or DUI Per Se with a blood alcohol content above 0.20% may result in the following penalties:
• 10 days of mandatory jail time
• 90 days to 1 year of possible jail time
• Fine of $1,000-$1,500
• 60 to 120 hours of useful public service
A conviction for DUI or DUI Per Se with a prior DWAI may result in the following penalties:
• 7 days of mandatory jail time
• 70 days to 1 year of possible jail time
• Fine of $900-$1,500
• 56 to 112 hours of useful public service
A conviction for DUI or DUI Per Se with a prior DUI, may result in the following penalties:
• 10 days of mandatory jail time
• 90 days to 1 year of possible jail time
• Fine of $1,000-$1,500
• 60 to 120 hours of useful public service
Penalties for a DWAI Conviction
A conviction for DWAI with no prior convictions for DUI or DWAI may result in the following penalties:
• No mandatory jail time
• 2 days to 180 days of possible jail time
• Fine of $200-$500
• 24 to 48 hours of useful public service
A conviction for DWAI with a prior DWAI may result in the following penalties:
• 5 days of mandatory jail time
• 45 days to 1 year of possible jail time
• Fine of $600-$1,000
• 48 to 96 hours of useful public service
A conviction for DWAI with a prior DUI may result in the following penalties:
• 6 days of mandatory jail time
• 60 days to 1 year of possible jail time
• Fine of $800-$1,200
• 52 to 104 hours of useful public service
Alcohol Evaluations and Treatment
In addition to the sentences listed above, nearly every defendant that is convicted of an alcohol-related traffic offense must undergo an alcohol evaluation. The defendant must comply with the treatment recommended by the evaluator. Generally, the court will require a defendant to complete one of the following treatment options:
Level I education is comprised of 12 hours of instruction, with no more than six hours occurring in one calendar day. Participants are to be tested at the beginning and the conclusion of the program. The program is to include instruction on a variety of topics, and must include the physiological effects of alcohol; the effects of alcohol on driving; high-risk behavior patterns; the medical, social, and legal consequences of alcohol; treatment and behavior alternatives; and the availability of other treatment programs. Other topics may also be included in the curriculum.
Level II therapeutic education consists of 24 hours of education to be conducted over a period between eight and 12 weeks, with no more than one session per week. Participants are to be tested at the beginning and the conclusion of the program. Substantively, the program must include all the Level I topics, and at least half of the program shall consist of therapeutically oriented activities that emphasize a group process.
Level II therapy is administered, after completion of Level II education, on several different "tracks," depending upon the perceived severity of the alcohol problem. Track A, for first offenders with a BAC between .12 and .169 percent, consists of 42 hours of therapy over at least 21 weeks. Track B, for first offenders with a BAC greater than .17 percent, consists of 52 hours of therapy over at least 26 weeks. Track C, for repeat offenders with a BAC below .17 percent, consists of 68 hours of therapy over at least 34 weeks. Track D, for repeat offenders with a BAC greater than .17 percent, consists of 86 hours of therapy over at least 43 weeks. A higher track may be recommended for a defendant with clinical justification regardless of BAC
