How Colorado Structures DUI Sentencing
Colorado DUI penalties live in their own section, C.R.S. 42-4-1307, separate from the offense definitions. The section sorts cases along two lines: which offense was proven (DUI or DUI per se, versus the lower DWAI), and how many prior impaired driving convictions the person has. A DWAI uses lower ranges the first time, but once there is a prior of any kind, the second and third offense rules apply regardless of which label each case carried.
The figures below are the ranges written into the statute at our last check. Real sentences inside those ranges depend on the court, the facts and the agreement, if any, and the statute has been amended many times. Treat this as a map of the law, never as an estimate for a case.
| Offense | Jail | Fine | Public service |
|---|---|---|---|
| First DWAI | 2 to 180 days (may be suspended) | $200 to $500 | 24 to 48 hours |
| First DUI or DUI per se | 5 days to 1 year (may be suspended; mandatory minimum at 0.20+) | $600 to $1,000 | 48 to 96 hours |
| Second offense (any combination) | 10 days to 1 year, mandatory minimum | $600 to $1,500 | 48 to 120 hours |
| Third offense | 60 days to 1 year, mandatory minimum | $600 to $1,500 | 48 to 120 hours |
| Fourth or later | Class 4 felony sentencing | Felony fine ranges | Set by the court |
Almost every conviction also brings probation, an alcohol and drug evaluation, Level II education and therapy, and a long list of statutory surcharges and costs. For repeat offenses, the statute ties some jail to alternatives such as in-home detention or work release in certain circumstances; a lawyer can explain whether those apply.
When a Colorado DUI Becomes a Felony
Since 2015, Colorado law has made DUI, DUI per se and DWAI a class 4 felony when the person has three or more prior convictions for any of those offenses, or for vehicular homicide or vehicular assault. A few points about the felony rule surprise readers:
- No short look-back. Colorado counts qualifying priors without the five or ten year washout some states use.
- DWAI counts. A prior DWAI is a prior for this purpose, even though it carried lower penalties at the time.
- Out-of-state convictions can count. The definition of a prior reaches convictions in other states for conduct that would qualify in Colorado.
A class 4 felony in Colorado carries a presumptive prison range of 2 to 6 years, but the court can also sentence to probation with substantial jail conditions. Felony cases are filed in district court rather than county court, and they bring consequences well beyond the sentence itself.
Level II Alcohol and Drug Education and Therapy
Level II is the state-regulated program that follows nearly every DUI and DWAI conviction and every persistent drunk driver designation. It is delivered by agencies licensed by Colorado's behavioral health authority, and it has three parts:
- Evaluation. An assessment that places the person in the right track.
- Level II Education. A set number of classroom hours on alcohol, drugs and driving.
- Level II Therapy. Counseling whose length scales with factors such as the BAC and the person's history.
Completion is usually a condition of probation, and proof of enrollment or completion is usually needed for license reinstatement. Because the court and the DMV both care about it, it is common to hear about Level II from both offices.