DUI & DWI in Colorado
Fines and Fees
1st offense – $300 – $1,000 plus
2nd offense – $500 – $1,200 plus
3rd offense – $1,000 – $2,000 plus
4th offense – not listed
Insurance
Insurance Increase – $997.12
Total policy increase – $2,991.36
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COLORADO DUI/ DWI
Driving under influence (DUI) or driving while intoxicated/impaired (DWI) is an offense committed when a driver operates a vehicle after the consumption of alcohol, drugs or other intoxicants. The increased alcohol level in a driver’s blood decreases mental and motor skills. This reduces a driver’s ability to control the vehicle and increases driver errors of judgment and often results in accidents causing severe injuries and even death!
Drunk driving is the single largest cause of motor vehicle related fatalities. It accounts for a high of 38% to 52% of the total number of motor vehicle related deaths each year.
COLORADO DUI/ DWI REGULATIONS
Colorado has two levels of alcohol-related driving offenses, and both are based on the measurement of blood alcohol concentration (BAC) in the body.
Driving Under the Influence of Alcohol or Drugs (DUI).
Driving While Ability is Impaired (DWAI).
In Colorado, the Blood Alcohol Content (BAC) limit is set at:
0.08% – For drivers over 21 years of age
0.05% – The BAC limit for DWAI
0.04% – For commercial drivers (CDL), Day Care Drivers and School Bus Drivers
0.02% – For drivers under 21 years of age
Having a license in the state of Colorado automatically renders “implied consent”. “Implied consent” can be used by the officer to test your BAC level if you are stopped on the suspicion of drunk driving, either through a Breathalyzer test or by an actual blood test. Refusing to take the chemical test may result in your license being revoked for a minimum of 1 to 10 years depending on your number of offenses. If your convicted of DUI/DWI, it is recommended that you get in touch with a DUI/DWI lawyer as they are experts at handling such incidents and can offer you the best advice.
Insurance companies keep a close watch on DUI violations. Your insurance premiums may go up drastically, and you may be labeled a “high-risk” customer. Even worse, your insurance company may cancel your policy, leaving you to search for insurance with the “high-risk” driver tag, meaning you’ll have to pay much higher premiums.
COLORADO DUI/ DWI PENALTIES
If you are over 21 years old:
DUI
1st Offense
- Imprisonment for 5 days to 1 year.
- A $300 to $500 fine.
- Your license may be suspended for 30 days.
- Your vehicle may be impounded at the driver’s expense.
- 12 points may be added to your driving record.
- Mandatory 48 to 96 hour of public service.
- You may be eligible to drive using the Interlock Restricted License, if you meet the reinstatement requirements. If you were convicted when driving under restraint then your privilege to drive will be suspended for 1 year with effect from the date it would have been restored.
2nd Offense
(Within 5 Years)
- Mandatory jail sentence ranging from 90 days to 1 year.
- A $500 to $1,000 fine.
- 2 points added to your driving record.
- Your driver’s license will be revoked for 1 year.
- You may be eligible to drive using the Interlock Restricted License, if you meet the reinstatement requirements. If you were convicted when driving under restraint then your privilege to drive will be suspended for 1 year with effect from the date it would have been restored.
- Mandatory 60 to 120 hours of public service.
3rd Offense
(Within 5 Years)
- Mandatory jail sentence ranging from 120 days to 1 year.
- A $1,000 to $2,000 fine.
- 2 points added to your driving record.
- Your driver’s license will be revoked for a minimum of 1 year.
- Mandatory 60 to 120 hours of public service.
- You may be eligible to drive using the Interlock Restricted License, if you meet the reinstatement requirements. If you were convicted when driving under restraint then your privilege to drive will be suspended for 1 year with effect from the date it would have been restored.
4th Offense
(Within 5 Years)
- Mandatory jail sentence ranging from 120 days to 1 year and/or a $1,000 -$2,000 fine.
- 2 points may be added to your driving record.
- Your driver’s license may be revoked indefinitely.
- Mandatory 60-120 hours of public service.
- You may be eligible to drive using the Interlock Restricted License, if you meet the reinstatement requirements. If you were convicted when driving under restraint then your privilege to drive will be suspended for 1 year with effect from the date it would have been restored.
If you are over 21 years old
DWAI
1st Offense
- Imprisonment for 2 to 180 days.
- A $300 to $500 fine.
- Mandatory 24 to 48 hours of public service.
- Your vehicle may be impounded at the driver’s expense.
- Your driver’s license will be revoked for 1 year.
- 8 points added to your driving record.
- You may be eligible to drive using the Interlock Restricted License, if you meet the reinstatement requirements. If you were convicted when driving under restraint then your privilege to drive will be suspended for 1 year with effect from the date it would have been restored.
2nd Offense
- Mandatory jail sentence of 45 days to 1 year.
- A $500 to $1,000 fine.
- 2 points added to your driving record.
- Your driver’s license will be revoked for 1 year.
- Mandatory 48 to 96 hours of public service.
- You may be eligible to drive using the Interlock Restricted License, if you meet the reinstatement requirements. If you were convicted when driving under restraint then your privilege to drive will be suspended for 1 year with effect from the date it would have been restored.
DWAI with a previous DUI
- Mandatory jail sentence of 60 days to 1 year.
- A $500 -$1,200 fine.
- Your driver’s license will be revoked for 1 year.
- Mandatory 52 to 106 hours of public service.
DUI with a previous DWAI
- Mandatory jail sentence of 70 days to 1 year.
- A $500 to $1,500 fine.
- 2 points added to your driving record.
- Your driver’s license will be revoked for 1 year.
- Mandatory 62 to 120 hours of public service.
THE COST OF DWI/ DUI
The CDOT offers a full assessment in an informative brochure of what a DUI costs the individual charged with a 1st offense. The total comes to over $10,000 and includes lawyer fees, rising insurance rates, fees to get a license back, probation supervision fees, all the way down to the brain injury surcharge and court costs. This figure is based on the minimum fine. It is easy to see that drinking and driving is not worth any cost.
For more information on DUIs and BAC visit the Department of Transportation website
If you are under 21 years old
1ST OFFENSE
- You may be convicted of “Minor In Possession/Other Alcohol Offenses” – trying to purchase, possessing or having purchased any intoxicant; or being intoxicated using alcohol, drugs or other intoxicants; or having a BAC between 0.02% and 0.05% while driving is treated as a Class A traffic infraction. Your privilege to drive will be mandatory revoked for 1 year.
- Your license may be revoked for 1 year and/or pay a hefty fine.
- Your vehicle may also be impounded at the driver’s expense.
- A 2nd offense will be treated as a Class 2 traffic Misdemeanor.
- As per the law, minor’s license will be mandatorily revoked for any alcohol or drug-related offense (including possession and use) while driving or for changing or lying on your driver license. Your license will also be suspended for 6 months if you are convicted of supplying any alcoholic beverage to anyone less than 21 years of age.
- Penalties mentioned above for drivers over 21 may also apply.
COLORADO PENALTIES FOR COMMERCIAL VEHICLE DRIVERS (CDL)
- Barred from driving a commercial vehicle for 1 year if you are convicted for a BAC higher than 0.04%.
- 2 points will be added to your driving record.
- Any alcohol traces in your blood (even less than 0.04%), will result in an “out-of-service” order valid for 24 hours by the arresting officer.
- Barred from driving a commercial vehicle for 3 months to 5 years if you are convicted for your BAC being higher than 0.04% while transporting hazardous materials or refusing to take a breath test.
- If convicted a 2nd time you may be barred from driving a commercial vehicle for life.
- Aside from these actions, penalties mentioned above for drivers over 21, may also apply to commercial drivers for their 1st and 2nd offenses of DUI/DWI.
COLORADO LICENSE REINSTATEMENT for DUI/ DWI SUSPENSION & REVOCATION
If you are convicted of DUI/DWI, it will result in your license being suspended or revoked. This means that your driving privileges will be taken away and you will need to apply for a reinstatement of your license with the Transportation Department in Boise, once the period of suspension or revocation is over.
- To complete the reinstatement requirements, you must prove that you have successfully completed the Alcohol Education and Therapy Program or a comparable program (the agency will send the proof to the Driver License Bureau once you have completed the program), pay the reinstatement fee of $95 (to be paid by money order), and maintain proof of financial responsibility for 3 years from the date of suspension/revocation by filing SR-22, if you are over 21 years old.
- If you are being convicted for a 2nd time within 5 years or your BAC level is 0.17% or more, it is mandatory for the court to order an ignition interlock device to be placed for Breathalyzer tests on any vehicle you drive.
You can submit the reinstatement application and fees (Monday-Friday from 8 am to 5 pm) in person at the Main office:
COLORADO DIVISION OF MOTOR VEHICLES
1881 PIERCE ST
LAKEWOOD, CO 80214
PHONE: (303) 205-5600
For more details on requirements to reinstate your driving privileges you can also call: 303-205-5613.
- If you are being convicted, it is mandatory for the court to order an ignition interlock device to be placed for breathalyzer tests on any vehicle you drive.