Even one DUI conviction can have a profound impact on your life. With each subsequent offense, the Colorado DUI penalties are harsher, and the consequences to your life can be even more devastating. In Colorado, the court system deals with drunk and drugged driving by increasing the penalties for each offense as a way of discouraging future offenses.
To understand the seriousness of this crime, you need to know that a DUI is considered a lifetime offense in the state of Colorado. Your DUI record will never be sealed or expunged. Therefore, the penalties reflect the high level of significance this charge carries.
From losing your driver’s license for a long period of time to incarceration to monetary fines – the penalties for a DUI can be extreme. To minimize the damage to your reputation and to your life, you need a DUI defense attorney who has experience in this area of the law and can create a personalized strategy for fighting the charges against you.
Contact the dedicated Colorado Springs DUI lawyers at Peakstone Law Group, LLC for trusted legal advice. We’re available 24/7, and your first consultation is free and confidential.
Penalties for DUI Charges in Colorado Springs
Penalties for First DUI
Driving under the influence (DUI) in the state of Colorado is a serious offense – even if it’s your first offense. You will be faced with strict penalties, some of which are mandatory. A conviction will also follow you for life. Penalties for a first DUI include:
- Misdemeanor charge
- 9-month license suspension
- 12 points added to your driving record
- 5 days to 1 year in jail
- $600 to $1,000 fine
- 48 to 96 hours community service
You may also have to use an ignition interlock device for 8 months and pay court costs. If there was property damage, that may fall on you as well.
Penalties for Second DUI
If you are facing a second DUI charge, no matter how long ago your first offense was, you could get the following punishments:
- Misdemeanor charge
- 12-month license suspension
- 12 points added to your driving record for DUI
- 10 days to 1 year in jail
- $600 to $1,500 fine
- 48 hours to 120 hours of public service
You may also be required to get an ignition interlock device installed in your vehicle, pay court costs, pay victim restitution, and complete other related fees and penalties if convicted of a second DUI in Colorado.
Penalties for Third DUI
If you are convicted of a third DUI in Colorado, your penalties will skyrocket. That’s why you need to hire a powerhouse Colorado defense lawyer to fight against the following penalties:
- Misdemeanor charge
- 24-month license suspension
- 12 points added to your driving record for DUI
- 60 days to 1 year in jail
- $600 to $1,500 fine
- 48 hours to 120 hours of public service
Remember, there’s no “lookback” period under Colorado DUI laws. This means you could suffer these penalties for a third DUI regardless of how long ago your second DUI was. Keep in mind that you may be required to participate in a drug and alcohol evaluation and treatment program at your own expense.
Penalties for Fourth DUI
A fourth DUI arrest will result in felony charges. Having a felony conviction on your record could seriously damage your reputation and livelihood. This is why you must get a proven attorney to help you fight your charges and avoid a felony DUI conviction. If convicted of a fourth DUI offense in Colorado, you are looking at the following repercussions:
- Class 4 felony charge
- 24-month license suspension
- 12 points added to your driving record for DUI
- 2 to 6 years in prison
- 3 years of parole
- 48 hours to 120 hours of public service
If you have prior DUI convictions, you should contact an attorney as soon as possible after an arrest. There are many opportunities to fight even with a prior conviction, and your attorney will want to begin investigating your case immediately.
Penalties for DWAI in Colorado Springs
DWAI stands for “driving while ability impaired,” and the stakes for this charge are also high. The penalties are only slightly less harsh than the penalties for a DUI (driving under the influence). The BAC (blood alcohol content) for a DWAI is greater than 0.05 but less than 0.08. For a driver under age 21, the BAC limit is 0.02.
Penalties for a DWAI may include:
- 2 to 180 days in jail for a first DWAI, but the 2-day minimum may be suspended if the offender completes a substance abuse treatment program
- $200 to $500 in fines, plus court costs and surcharges
- 24 to 48 hours of community service for a first offense, along with a $120 fee
- 8 points added to your driving record for DWAI
- A fourth DWAI adds a felony charge to your record and incurs 2 to 6 years of jail time
Can You Get a DUI Under 21?
Although it is illegal to drink under the age of 21 in the U.S., many people under 21 get their hands on alcohol through friends and family. As such, they are just as likely to incur DUI charges in Colorado as drivers who are 21 and over. With this in mind, let’s examine the penalties that drivers under 21 could face for multiple DUI charges. These punishments only apply if the BAC was between 0.02 and 0.05:
- Class A traffic infraction for a first offense, or Class 2 traffic misdemeanor charge for subsequent offenses
- 3-month license suspension for a first offense
- 4 points added to your driving record
- 10 to 90 days in jail for second and subsequent offenses
- $15 to $100 fines for a first offense, $150 to $300 fines for subsequent offenses
- Up to 24 hours of public service
What Happens If You Refuse a Breath or Blood Test?
Colorado has an “express consent law” in place. This means that you must comply with breath, blood, or chemical testing if you are arrested for suspicion of driving under the influence (DUI) or driving while ability impaired (DWAI).
Prior to being arrested, or if you are not arrested, you do not have to take a breathalyzer if it is asked of you, and your refusal cannot be used against you.
If you refuse a breathalyzer after arrest, though, you may face the following penalties:
- 1st offense: loss of license for 12 months
- 2nd offense: loss of license for 24 months
- 3rd offense: loss of license for 36 months
Additionally, you will be required to use an ignition interlock device for two years following the reinstatement of your driver’s license. You will also have to provide an Affidavit of Enrollment in a Level II Alcohol/Education program. In some cases, you may have to get SR22 insurance, which is an insurance policy rider that guarantees you will maintain insurance for a certain period of time.
If you are under the age of 21, you must agree to a breathalyzer test under any circumstances, according to Colorado DUI laws.
What Is the Cost of a DUI?
There are fines for a first DUI, a second DUI, and a third DUI. Financial penalties for DUI in Colorado include:
- First DUI: $600 to $1,000
- Second DUI: $600 to $1,500
- Third DUI: $600 to $1,500
If someone was injured, you may also face the costs associated with a personal injury lawsuit brought by the injured party.
Is a DUI on Your Record Forever?
Yes, because of Colorado DUI laws, a DUI will follow you throughout your lifetime. The records will not be sealed and cannot be expunged. This can potentially have an impact on both your personal and your professional life.
DUI Driver License Penalty FAQs
Driver’s License Penalties
My BAC came back over .08. What does that mean for my license?
A BAC over .08 withing two hours of driving is what’s called a per se violation. How long a suspension is will depend upon the actual DMV level and whether the individual has previous DMV actions for DUI related suspensions.
My BAC came back over .15, does that affect my DMV consequences?
Yes. Oddly, whether a first offense or not, a person driving with a BAC over .15 is considered a Persistent Drunk Driver (PDD). This can have increased DMV repercussions.
I tested positive for marijuana (or another drug), will my license be suspended?
Eventually perhaps. However, there are not per se DMV limits for marijuana or other drugs like there is for alcohol. Therefore, while you could end up being suspended for points and/or a DUI or DWAI conviction, you will not be suspended simply for a blood test showing the presence of drugs in your system while driving.
I refused to take a blood or breath test. What does that mean for my license?
Under Colorado’s Express Consent law, driver’s have already agreed to a blood or breath test if demanded by law enforcement simply through the action of driving on the roads of Colorado. Therefore, if someone refuses to take one of those tests, it is called a refusal, and has increased DMV consequences, including a 60 day no-driver period before an individual is eligible to get a restricted license.
Is it worth it to request a hearing on my suspension?
We think so. While it is very difficult to win a DMV hearing, it does happen. Additionally, requesting a DMV hearing gets you a temporary driving permit and allows you more time to plan how you are going to get around when the suspension does take effect.
Should I request the presence of the officer at my hearing?
Colorado attorneys are split on this issue. Some dui attorneys recommend not requesting the presence of the officer under the theory that, if the DUI DMV packet is missing an important element, there is no one there to fill in that gap with verbal testimony. Others prefer to request the presence of the officer so that, if the officer does not show up for the hearing, the case gets dismissed. This can also be helpful for an attorney to have an opportunity to cross examine an officer before a criminal trial to attempt to identify weaknesses in the officer and his/her testimony. PWL generally subscribes to the latter theory, but there are exceptions depending on the facts of the case.
How a Colorado Springs DUI Attorney Can Help You
When you have been arrested for a DUI, getting a top-quality criminal defense lawyer is essential. Without the right advocate by your side, an already bad situation could get much worse. You can take advantage of a free consultation to learn about the charges, the penalties, and all of the consequences you may face with a first or subsequent DUI.
At Peakstone Law Group, LLC, our Colorado Springs DUI attorney can:
- Review the complete details of your case, including the police report, any witness testimony, breathalyzer and field test sobriety results, and all relevant facts
- Employ a “risk assessment approach” to your case, anticipating the risks and costs of all possible strategies and determining the best way to minimize or eliminate those risks
- Identify all the problem areas in the prosecution’s case and devise a plan to fight the charges against you
- Answer any questions you may have and provide you with an overview of your best- and worst-case scenarios
- Create a defense that takes into account all aspects of your case and that offers you the best hope for minimal damage to your life and to your record
One Conviction Is One Too Many ─ Talk to a DUI Lawyer Now 
Our team at Peakstone Law Group, LLC believes that you do not deserve to undergo the destructive consequences of a second, third, or fourth DUI conviction. We understand the gravity of your situation and how high the stakes are when considering Colorado DUI penalties. You can count on us to go the extra mile to minimize the impacts of your case while fighting to clear your name.
Ready to defend your case? Contact us now for a free consultation with our Colorado Springs DUI attorney.