DUI/DUID and DWAI

In Colorado, penalties for driving under the influence can be a misdemeanor or a felony DUI/DUID (Driving Under the Influence/Driving Under the Influence of Drugs).  The difference occurs when a person has multiple prior DUI/DUID convictions or when their DUI/DUID offense causes serious injury or death.

Felony DUI/DUID offenses are considered more severe than misdemeanor DUI offenses, and the penalties are accordingly harsher.

DWAI stands for “Driving While Ability Impaired.” It is a charge that applies when a person operates a motor vehicle while their ability to drive is impaired to the slightest degree by alcohol, drugs, or a combination of both. The penalties for DWAI in Colorado are generally less severe than those for DUI/DUID. 

Colorado’s DUI/DUID and DWAI regulations are found in the Colorado Revised Statutes Title 42, Article 4, Part 13.

Here are some common penalties for DUI/DUID offenses in Colorado:

First Offense:

License Suspension: A first-time DUI/DUID conviction can result in a driver’s license suspension for a minimum of nine months.

Fines: The fine for a first offense typically ranges from $600 to $1,000.

Jail Time: A first-time DUI/DUID offense can lead to a jail sentence of up to one year, but typically, the actual jail time imposed is shorter, often ranging from five days to several months.

Probation: The court may impose probation, requiring the completion of alcohol education or treatment programs.

Community Service: A first offense may also require community service ranging from 48 to 96 hours.

Alcohol Education: Attendance at an alcohol education program, such as a DUI/DUID school or similar course, may be required.

Second Offense:

License Suspension: A second DUI/DUID conviction within five years of the first offense can result in a license suspension for at least one year.

Fines: Fines for a second offense can range from $600 to $1,500.

Jail Time: A second DUI/DUID offense can lead to a jail sentence of up to one year, with a mandatory minimum of ten days and a maximum of one year.

Probation: Probation is likely, and the court may require alcohol education or treatment programs.

Community Service: Community service hours ranging from 48 to 120 hours can be imposed.

Ignition Interlock Device: The court may require the installation of an ignition interlock device (IID) in the offender’s vehicle. This device measures the driver’s blood alcohol concentration (BAC) before allowing the vehicle to start.

Third Offense and Subsequent Offenses:

License Revocation: A third DUI/DUID conviction within seven years can result in a license revocation for a minimum of two years.

Fines: Fines for a third or subsequent offense can range from $600 to $1,500.

Jail Time: A third DUI/DUID offense is a felony in Colorado, which can lead to a prison sentence ranging from two to six years.

Probation: Probation is likely, and alcohol education or treatment programs may be required.

Community Service: Community service hours ranging from 48 to 120 hours can be imposed.

Ignition Interlock Device: The court may require the installation of an IID.

These penalties can vary depending on various factors, such as the driver’s BAC level, prior convictions, and other aggravating circumstances. Additionally, these penalties are subject to change, so it’s essential to consult the Colorado Department of Revenue or a qualified legal professional for the most accurate and up-to-date information.

Here’s an overview of the penalties for felony DUI in Colorado:

Multiple Prior Convictions:

If a person has three or more prior DUI convictions, a subsequent DUI offense is charged as a felony. The specific penalties for multiple DUI convictions can include:

License Revocation: A felony DUI conviction can result in a long-term or permanent revocation of the driver’s license.

Prison Sentence: The prison sentence for a felony DUI conviction can range from two to six years.

Fines: Fines for a felony DUI can range from $2,000 to $500,000, depending on the circumstances.

Substance Abuse Treatment: Completion of a substance abuse treatment program may be required.

Probation: Probation may be granted, during which the offender must comply with specific conditions set by the court.

Ignition Interlock Device: The court may require the installation of an ignition interlock device (IID) in the offender’s vehicle.

DUI Causing Serious Injury:

If a DUI offense causes serious bodily injury to another person, it can be charged as a felony. Penalties for DUI causing serious injury can include:

Prison Sentence: The prison sentence for a DUI causing serious bodily injury can range from two to six years.

Fines: Fines for this offense can range from $2,000 to $500,000.

conditions set by the court.

Ignition Interlock Device: The court may require the installation of an IID.

DUI Causing Death:

If a DUI offense results in the death of another person, it can be charged as vehicular homicide or vehicular manslaughter, both of which are felonies. The penalties for DUI causing death are severe and can include:

License Revocation: A felony DUI conviction can result in a long-term or permanent revocation of the driver’s license.

Prison Sentence: The prison sentence for DUI causing death can range from four to 24 years.

Fines: Fines for this offense can range from $3,000 to $750,000.

Restitution: The offender may be required to pay restitution to the victim’s family to cover funeral expenses and other losses.

Substance Abuse Treatment: Completion of a substance abuse treatment program may be required.

Probation: Probation may be granted, during which the offender must comply with specific conditions set by the court.

Ignition Interlock Device: The court may require the installation of an IID.

Penalties for felony DUI can vary depending on the specific circumstances, the offender’s prior convictions, and other factors. Additionally, laws can change over time, so it’s crucial to consult the Colorado Department of Revenue or a qualified legal professional for the most accurate and up-to-date information regarding felony DUI penalties in Colorado.

Here are some common penalties for DWAI offenses:

First Offense:

License Suspension: A first-time DWAI conviction can result in a license suspension for a minimum of eight months.

Fines: The fine for a first offense typically ranges from $200 to $500.

Jail Time: A first-time DWAI offense can lead to a jail sentence of up to 180 days, but typically, the actual jail time imposed is shorter, often ranging from two days to several months.

Probation: The court may impose probation, requiring the completion of alcohol education or treatment programs.

Community Service: A first offense may also require community service ranging from 24 to 48 hours.

Alcohol Education: Attendance at an alcohol education program, such as a DUI/DUID school or similar course, may be required.

Second Offense:

License Suspension: A second DWAI conviction within five years of the first offense can result in a license suspension for at least one year.

Fines: Fines for a second offense can range from $600 to $1,500.

Jail Time: A second DWAI offense can lead to a jail sentence of up to 365 days, with a mandatory minimum of ten days and a maximum of 365 days.

Probation: Probation is likely, and the court may require alcohol education or treatment programs.

Community Service: Community service hours ranging from 48 to 120 hours can be imposed.

Third Offense and Subsequent Offenses:

License Revocation: A third DWAI conviction within seven years can result in a license revocation for a minimum of two years.

Fines: Fines for a third or subsequent offense can range from $600 to $1,500.

Jail Time: A third DWAI offense is a misdemeanor in Colorado, which can lead to a jail sentence ranging from 60 days to one year.

Probation: Probation is likely, and alcohol education or treatment programs may be required.

Community Service: Community service hours ranging from 48 to 120 hours can be imposed.

These penalties are general guidelines, and the actual penalties for a DWAI offense may vary depending on the specific circumstances of the case, prior convictions, and other factors. It’s crucial to consult the Colorado Department of Revenue or a qualified legal professional for the most accurate and up-to-date information regarding DWAI penalties.