Driving Under the Influence (DUI) in Colorado
Driving Under the Influence (DUI) in Colorado
In Colorado, Impaired driving is classified as either “Driving under the influence” "Driving Under the Influence - Per Se" or “Driving while ability impaired”
“Driving Under the Influence” means driving a motor vehicle or vehicle when a person has consumed alcohol or one or more drugs, or a combination of alcohol and one or more drugs, that affects the person to a degree that the person is substantially incapable, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.
“Driving While Ability Impaired” means driving a motor vehicle or vehicle when a person has consumed alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, that affects the person to the slightest degree so that the person is less able than the person ordinarily would have been, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.
“Driving Under the Influence - Per Se” A person who drives a motor vehicle or vehicle when the person's BAC is 0.08 or more at the time of driving or within two hours after driving.
Frequently Asked Questions (FAQ)
Do you go to jail for a DUI in Colorado?
In some circumstances, a jail sentence for a DUI is possible. All convictions for DUI involve mandatory jail sentences, but the court has some discretion in suspending the jail sentences for first-time offenses. It is unlikely (although not impossible) that you would actually serve a jail sentence for a first offense, but each subsequent offense requires mandatory jail time.
How much jail time for a 1st DUI in Colorado?
DWAI – First Offense, § 42-4-1307(4)
- Imprisonment in the county jail for at least two days but no more than one hundred eighty days, the minimum period of which shall be mandatory; except that the court may suspend the mandatory minimum period
- alcohol and drug evaluation and recommended treatment
- A fine of at least two hundred dollars but no more than five hundred dollars, and the court shall have discretion to suspend the fine
- At least twenty-four hours but no more than forty-eight hours of useful public service
- Up to two years of probation
However, a person who is convicted of DWAI when the person's BAC was 0.20 or more at the time of driving or within two hours after driving shall be punished by imprisonment for at least ten days but not more than one year
DUI and DUI per se– First Offense, § 42-4-1307(3)
- Imprisonment in the county jail for at least five days but no more than one year, the minimum period of which shall be mandatory; except that the court may suspend the mandatory minimum period
- A fine of at least six hundred dollars but no more than one thousand dollars, and the court shall have discretion to suspend the fine;
- At least forty-eight hours but no more than ninety-six hours of useful public service
- Up to two years of probation
However, a person who is convicted of DUI or DUI per se when the person's BAC was 0.20 or more at the time of driving or within two hours after driving shall be punished by imprisonment for at least ten days but not more than one year
Is a first time DUI a felony in Colorado?
Driving under the influence is a misdemeanor, but it is a class 4 felony if the violation occurred after three or more prior convictions, arising out of separate and distinct criminal episodes, for DUI, DUI per se, or DWAI; vehicular homicide, vehicular assault, any combination thereof.