Colorado DUI & DWAI Penalties

If arrested for drunk or impaired driving, your biggest concern is likely a potential DUI or DWAI conviction and its impact on your life. There is a possibility of probation, license suspension, license revocation, fines, and even jail time.

If you find yourself fighting a potential charge, it is essential to understand the consequences of a conviction and your rights. A DUI conviction is permanent and potentially life-changing. Your criminal record can hurt employment opportunities and other aspects of your life. Without defense representation, the prosecutor may pursue maximum sentencing.

Working with a trusted DUI attorney in Greeley, CO, can be beneficial in many ways, including pursuing the best possible outcome for your charge.

What Is DUI?

Driving Under the Influence(DUI) is a misdemeanor charge in Colorado for driving while drunk above the legally acceptable limit. Penalties for a DUI offense increase substantially with each subsequent charge.

What Is DWAI?

Driving While Ability Impaired(DWAI) involves operating a vehicle with a blood alcohol concentration (BAC) of 0.05% to less than 0.08%, also classified as a misdemeanor offense in Colorado.

Key Differences Between DUI and DWAI

DUI is driving while substantially impaired by drugs or alcohol with a BAC of at least 0.08%. Driving with a BAC of 0.08+ is illegal, even when not impaired. On the other hand, DWAI is a “lesser offense” of DUI. If not charged with DUI, you may be convicted of DWAI for driving while partially impaired by drugs and/or alcohol.

DUI Penalties in Colorado

Here are the various DUI penalties in Colorado:

First DUI

The first DUI offense potentially means the following penalties:

• Five days to one year in jail
• A fine ranging from $600 to $1,000, including court costs
• 48 to 96 hours of community service
• 12 points of your DMV driving record
• Driver’s license revocation for nine months

A jail term is mandatory if your BAC is 0.20% or higher. You may be eligible for a probation driver’s license immediately after installing an Ignition Interlock Device(IID).

Second DUI

The penalties for a second DUI can include:

• Ten days to 1 year in jail
• A fine ranging from $600-1,500 plus court costs
• Driver’s license suspension for up to a year
• 48 hours or up to 120 hours of public service
• Alcohol Education Classes(Level II)
• 12 points on your DMV driving record
• Ignition Interlock Device for two years after license reinstatement

If the prior DUI offense occurred within the last five years, you must serve the 10-year jail term at once.

Third DUI

A third DUI offense may mean the following penalties:

• 60 days to 1 year in jail
• A fine ranging from $600 to 1,500 plus court costs
• A suspension of driver’s license for up to two years
• 48-120 hours of community service
• Level 2 alcohol education classes
• 12 points in your DMV driving record
• 90 days of active alcohol monitoring, if granted probation

When Does a DUI Become a Felony?

Driving under the Influence becomes a felony if you have at least three DUI charges if someone sustains a severe injury or dies.

Here are the penalties for a felony DUI conviction:

Fourth DUI

A fourth DUI charge is a felony that can include the following penalties:

• 2 to 6 years in Colorado State Prison plus 3-year parole
• 2-year license revocation and/or $2,000-500,000 fine
• 90 days of continuous alcohol monitoring if granted probation
• 2-year license revocation

Vehicle Assault a DUI Offense Involving Serious Injury

A class 4 felony with the following penalties:

• A minimum of I-year license revocation
• 2-6 years prison term with a 3-year parole
• A fine of $2,000 to $500,000
• 90 days of continuous alcohol monitoring if granted probation

Vehicle Homicide/ DUI which Results in Death

It is a class 3 felony with the following penalties:

• A prison term of 4 to 12 years with a five-year parole and a fine of $3,000-750,000
• A minimum of I-year license revocation
• Ninety days of continuous alcohol monitoring if granted probation.

Persistent Drunk Driver (PDD) Status

You may be classified as a “Persistent Drunk Driver.” if either of the following is true:

• Convicted or had your license revoked for two or more alcohol-related driving violations
• Refusing to take a chemical test after a DUI arrest
• Driving with a BAC of 0.15%, even for the first offense
• Being caught while driving under restraint

Someone classified as PDD may drive again after:

• Installing an IID for at least two years
• Completing Level II Alcohol Education and Therapy
• Maintaining SR22 insurance for two to three years

DWAI Penalties in Colorado

DWAI is a misdemeanor offense that involves driving with a blood alcohol concentration of 0.05 to 0.08%. Here are the penalties for DWAI offense:

Ist DWAI

• 2 to 180 days in jail
• 24 to 48 hours of community service
• A fine of $200-$500 plus court costs
• 8 points in your DMV driving record

There is a mandatory jail term for those with a BAC of 0.20 or greater.

2nd DWAI

A second DWAI charge may attract the following penalties:

• A jail term ranging from 10 days to 1 year— a minimum of 10-day mandatory sentence
• A fine of $600-$1,500 plus court costs
• License suspension for one year
• 8 points on your DMV driving record
• 48 to 120 hours of community service

3rd DWAI

• 60 days to a year in jail
• A fine ranging from $600-$1,500 plus court costs
• 2 year license suspension
• 8 points in your DMV driving record

Facing a DUI or DWAI Charge? Get in Touch With a Greeley, Colorado Defense Attorney

A DUI or DWAI conviction on your record can limit employment opportunities, increase insurance premiums, or curtail your movements. Fortunately, an experienced attorney can fight to reduce or eliminate severe punishments. McAdams Law Office defense attorneys have more than 20 years of experience, so we are ready to represent you. Call us today at 970-353-0000.

William McAdams

William T. McAdams, known as Bill, is a highly experienced criminal defense attorney and former prosecutor. Since establishing McAdams Law Office in 2006, he has represented clients in cases including DUI, domestic violence, and theft, handling over 100 jury trials. Bill serves clients predominantly in Weld and Larimer counties, including Greeley, Evans, Windsor, Loveland, and Fort Collins. An active community volunteer and member of multiple legal associations, he is dedicated to protecting his clients’ rights.

Find Bill on:
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Contact McAdams Law Office today for a free consultation.