DUI.lawDUI.law

The criminal case

DUI penalties in Colorado

The offense, qualifying priors and statutory conditions matter—not just an arrest count.

DUI penalties in Colorado depend on the charged offense and its statutory conditions. Prior convictions, their dates, and aggravating factors may change the applicable rule. An arrest count alone does not establish the offense tier, and a minimum sentence is not the complete sentencing range. The cited rules below are not predictions of a particular case’s outcome.

The lookback period

How far back priors count
Not published yet. We show a figure only once it has been confirmed against the official source and dated.This varies widely between states — from a few years to a lifetime — so it is not safe to assume a national figure.

Penalty rules by offense number

First offense
Not published yet. We show a figure only once it has been confirmed against the official source and dated.
Second offense
Second DUI, DUI per se or DWAI with a qualifying prior: 10 consecutive days to 1 year in jail; $600–$1,500 fine; 48–120 hours of public service; and at least 2 years probation.
  • The statute permits suspension of the fine and specifies sentencing-alternative limits, including stricter limits when the new violation is within five years of the prior. A one-year suspended jail sentence and treatment conditions also apply as specified.
Verified C.R.S. § 42-4-1307Official source (opens in a new tab)
Third offense
Not published yet. We show a figure only once it has been confirmed against the official source and dated.

Driving privileges, ignition interlock and insurance requirements need separate review under their own rules. A commercial-driving restriction may have different triggers from a restriction on an ordinary licence. No consequence is assumed merely because it appears in this list.

Ignition interlock, first offense
Not published yet. We show a figure only once it has been confirmed against the official source and dated.

The two legal questions

The criminal charge and driving privileges can involve different proceedings. The notice, order and cited rule identify the applicable process.

Driving privileges

The licence case

Forum
The agency or court identified by the applicable licence proceeding
Clock
Check the applicable notice or order for the deadline and its starting event
Deadline to request a hearing
The department must receive the written hearing request within 7 days after the day you receive the revocation notice, or are deemed to have received it by mail.
  • This is the administrative revocation procedure under C.R.S. § 42-2-126. A mailed notice is deemed received three days after mailing; the deadline is tied to notice, not simply the arrest date.
  • A late request must include a verified explanation. The department must grant it if the statutory grounds—lack of actual notice or physical incapacity such as hospitalization or incarceration—are established. That late-hearing procedure does not stay the revocation.
Verified C.R.S. § 42-2-126Official source (opens in a new tab)
Suspension under the cited rule
Not published yet. We show a figure only once it has been confirmed against the official source and dated.

Criminal charge

The criminal case

Forum
A criminal court
Clock
Check court notices and orders; no case duration is predicted here
Alcohol-concentration threshold
0.08%
Verified C.R.S. § 42-4-1301Official source (opens in a new tab)
First-offense penalty rule
Not published yet. We show a figure only once it has been confirmed against the official source and dated.The cited rule may describe a range or a minimum with conditions, not a predicted sentence.