Public Servie




24-48 presumptive

Mandatory 24 hrs.



24-48 presumptive

Mandatory 24 hrs.



48-96 presumptive

Mandatory 48 hrs.




48-96 presumptive
Mandatory 48 hrs.






48-120  presumptive

Mandatory 48 hrs.



48-120  presumptive
Mandatory 48 hrs.



48-120  presumptive
Mandatory 48 hrs.



In Colorado the Division of Motor Vehicles has the legal authority to suspend your license for DUI and DWAI regardless of any criminal charges you may face through the courts. These penalties, known as Administrative Penalties, can cause an automatic suspension of your driver's license as well as fees and points depending on the offense.

DWAI 1st Offense: 8 points toward license suspension; $200 to $500 fine; up to 180 days in jail; up to 48 hours community service.

DUI 1st Offense: Administrative license revocation for 9 months; $600 to $1,000 fine; up to 1 year in jail; up to 96 hours community service; alcohol education.

DUI/DWAI 1st offense under 21 years old: Drivers license suspended 3 months and 4 points added to driving record.

The penalties increase substantially for repeated offenses and, in some cases, you may be required to install an ignition interlock device on your car. The only way to challenge Administrative penalties is to request an alcohol hearing.





1st Offense


DWAI (BAC<.199)



DWAI (BAC>.20)



DUI

(BAC<.199)



DUI

(BAC>.20)




2nd Offense (DUI or DWAI)


Prior Conviction More than 5 yrs.



Prior Conviction less than 5 yrs.



3rd Offense




4th Offense


License Suspension

(Automatic)



none








9 Months





9 months







1 year




1 year




2 years



Fines and Penalties




 up to $500 (all fines can be suspended)



up to $500 (all fines can be suspended)



Up to $1000 (all fines can be suspended)



Up to $1000 (all fines can be suspended)







Up to $1,500 (all fines can be suspended)



Up to $1,500 (all fines can be suspended)



Up to $1,500 (all fines can be suspended)



Up to $500,000








Jail



 up to 180 days




10 days presumptive

up to 1 year



5 days presumptive

up to 1 year



10 days up to 1 year








10 days up to 1 year 




10 days up to 1 year




60 days up to 1 year




Up to 6 years



DUI Statute: C.R.S. Sec. 42-4-1301

** C.R.S. Sec. 42-4-1307

303-717-6485

Law Office of Robert Terry LLC

**

a court may allow the person to participate in a program pursuant to section 18-1.3-106(1)(a) (II), (1)(a) (IV), or (1) (a) (V), C.R.S., only if the program is available through the county in which the person is imprisoned and only for the purpose of:
(I) Continuing a position of employment that the person held at the time of sentencing for said violation;
(II) Continuing attendance at an educational institution at which the person was enrolled at the time of sentencing for said violation; or
(III) Participating in a court-ordered level II alcohol and drug driving safety education or treatment program, as described in section 42-4-1301.3(3)(c) (IV).
 CRS 42-4-1307(5)(c).  Notwithstanding the provisions of section 18-1.3-106(12), C.R.S., if, pursuant to paragraph (a) or (b) of this subsection (5), a court allows a person to participate in a program pursuant to section 18-1.3-106, C.R.S., the person shall not receive one day credit against his or her sentence for each day spent in such a program, as provided in said section 18-1.3-106(12), C.R.S.

Mandatory Jail




None (all jail can be suspended with Alcohol Evaluation & Alcohol Education/Therapy). Suspended sentence up to 1 year.


10 days (no consecutive requirement, MAY use jail alternatives with Alcohol Evaluation & Alcohol Education/Therapy). Suspended sentence up to 1 year.


None (all jail can be suspended with Alcohol Evaluation & Alcohol Education/Therapy). Suspended sentence up to 1 year. Suspended sentence up to 1 year.


10 days (no consecutive requirement), MAY use jail alternatives with Alcohol Evaluation & Alcohol Education/Therapy). Suspended sentence up to 1 year.






10 days (CONSECUTIVE; no credit for good time), MAY use jail alternatives with Alcohol Evaluation & Alcohol Education/Therapy). Suspended sentence up to 1 year.


10 days (CONSECUTIVE; no credit for good time), MAY not use jail alternatives. Suspended sentence up to 1 year.**



60 days (CONSECUTIVE; no credit for good time), MAY not use jail alternatives. Suspended sentence up to 1 year.**

CRIMINAL PENALTIES

Offense Jail Term Range Mandatory Jail Maximum Jail Period of Probation Fines Public Service
1st DWAI 2 days - 180 days None 180 days Up to 2 years $200 - $500 24 - 48 hours
1st DUI 5 days - 1 year None 1 year Up to 2 years $600 - $1,000 48 - 96 hours
2nd Offense - outside of 5 years 10 days - 1 year 10 days 2 years 2 - 4 years $600 - $1,500 48 - 120 hours
2nd Offense - within 5 years 10 days -  1 year 10 days  consecutive 2 years 2 - 4 years $600 - $1,500 48 - 120 hours
3rd or Subsequent Offense 60 days - 1 year 60 days consecutive 2 years 2 - 4 years $600 - $1,500 48 - 120 hours
1st UDD None None None None $100 Up to 24 hours
DUR Alcohol 30 days - 1 year 30 days 1 year None $500 - $1,000 None
1st Alcohol Conviction with a BAC >.200 10 days - 1 year 10 days 1 year Up to 2 years $600 - $1,000 48 - 96 hours


Probation          



Up to 2 years




Up to 2 years




Up to 2 years





Up to 2 years







Minimum 2 years



Minimum 2 years



Minimum 2 years