Colorado · DUI · Checked October 2026

DUI Laws in Colorado

What Happens if You Get a DUI in Colorado?

Colorado calls it DUI, and the legal limit for adult drivers is 0.08 blood alcohol content.

License hearing deadline: 7 days to challenge your license suspension
First offense jail: 5 days to 1 year in county jail (the minimum can be suspended if you complete a Level I or II alcohol and drug program); 10 days to 1 year if BAC was 0.20 or more
First offense fine: $600 to $1,000
First offense license: 9-month revocation (first excess BAC 0.08 violation); early reinstatement with an interlock is available from the first day of revocation
Felony: DUI, DUI per se or DWAI is a class 4 felony if it occurs after three or more prior convictions from separate episodes for DUI, DUI per se, DWAI, vehicular homicide or vehicular assault, with no time limit on the priors. If the court grants probation it must order 90 to 180 days in county jail, or 120 days to 2 years through work or school release. No DUI Colorado lists 2 to 6 years in prison and a $2,000 to $500,000 fine for a fourth DUI

Researched and checked by the DUI Help Editorial Team ·October 3, 2026

Colorado DUI Laws: Key Facts

Legal limit (adults): 0.08 BACC.R.S. §§ 42-4-1301(2)(a), 42-4-1301(2)(d), 42-2-126(2)
Commercial drivers (CDL): 0.04 BAC
Drivers under 21: 0.02 BAC (At least 0.02 but not more than 0.05 is a class A traffic infraction for drivers under 21; above 0.02 and below 0.08 triggers an administrative revocation)
Enhanced penalties from: 0.15 BAC
Lookback period: Colorado counts prior DUI, DUI per se and DWAI convictions regardless of when they occurred, for both repeat-offense sentencing and the felony rule. A prior less than 5 years old also removes most sentencing alternatives during the mandatory jail term.
Insurance filing: SR-22, 3 years from the date last required; for a single DUI, DUI per se, DWAI or revocation with no accident, only as long as the license is under restraint, up to 3 years, starting at reinstatement

Colorado DUI Penalties by Offense

DUI penalties in Colorado for a first, second and third offense
Penalty	First offense	Second offense	Third offense
Charge	misdemeanor	misdemeanor	misdemeanor
Jail	5 days to 1 year in county jail (the minimum can be suspended if you complete a Level I or II alcohol and drug program); 10 days to 1 year if BAC was 0.20 or more	10 consecutive days to 1 year in county jail	60 consecutive days to 1 year in county jail
Fine	$600 to $1,000	$600 to $1,500	$600 to $1,500
License suspension	9-month revocation (first excess BAC 0.08 violation); early reinstatement with an interlock is available from the first day of revocation	1-year revocation (second excess BAC violation)	2-year revocation (third or later excess BAC violation, regardless of when the priors occurred)
Ignition interlock	9 months if BAC was below 0.15; 2 years if BAC was 0.15 or higher (Persistent Drunk Driver)	2 years	2 years

First offense: C.R.S. §§ 42-4-1301(1)(a), 42-4-1307(3), 42-2-126(3)(a) · Second offense: C.R.S. §§ 42-4-1307(5), 42-2-126(3)(a) · Third offense: C.R.S. §§ 42-4-1307(6), 42-4-1307(7), 42-2-126(3)(a)

When Penalties Are Higher

BAC of 0.20 or more (first offense): 10 days to 1 year in county jail instead of the 5-day minimum (DUI) or 2-day minimum (DWAI); the court may use sentencing alternativesC.R.S. § 42-4-1307(3)(b), (4)(b)
BAC of 0.15 or more, a test refusal, two or more alcohol driving convictions, or driving while restrained for an alcohol offense: Persistent Drunk Driver designation: ignition interlock for at least 2 years, Level II education and treatment, and SR-22 for at least 2 yearsC.R.S. § 42-2-132.5
DWAI (impaired to the slightest degree), first offense: 2 to 180 days in county jail (minimum can be suspended on completion of a Level I or II program), a $200 to $500 fine, and 24 to 48 hours of useful public serviceC.R.S. §§ 42-4-1301(1)(b), 42-4-1307(4)

More on Colorado DUI penalties · Estimate penalties for your situation

If You Refuse a Breath or Blood Test

License revocation for 1 year (first), 2 years (second) or 3 years (third or later), Persistent Drunk Driver designation, a 2-year interlock requirement, and at least 2 months served before early reinstatement. Refusal can also be used as evidence at a DUI or DWAI trial.C.R.S. §§ 42-4-1301.1, 42-2-126(3)(c), 42-4-1301(6)(d)

Official source: if you refuse a breath or blood test in Colorado

Getting a Early Reinstatement With an Interlock-Restricted License

Colorado residents 21 or older at the time of the violation who meet all other reinstatement requirements may reinstate early with an ignition interlock. For violations on or after January 1, 2023, DUI or per se drivers are eligible on the first day the revocation goes active; refusal drivers must first serve 2 months. Out-of-state drivers and drivers under 21 are not eligible.

Official source: getting a early reinstatement with an interlock-restricted license in Colorado

Ignition Interlock

First offense: 9 months for a first offense with BAC below 0.15 (runs concurrently with the 9-month revocation); 2 years with BAC 0.15 or higher Repeat offenses: 2 years for a second or later per se violation and for any test refusal The device must be serviced every 60 days. Driving a vehicle without an interlock or tampering brings at least a 1-year revocation with no driving. Three failed starts in any 12 consecutive months can add up to 1 year of interlock time.

Official source: ignition interlock in Colorado

Can a DUI Come Off Your Record?

Not available: Colorado's conviction-sealing law does not apply to convictions for DUI, DUI per se or DWAI under § 42-4-1301(1) or (2) C.R.S. § 24-72-706(2)(a)(III) excludes these convictions from sealing

Official source: can a dui come off your record? in Colorado

Drivers Under 21

Driving under 21 with a BAC of at least 0.02 but not more than 0.05 is a class A traffic infraction (UDD); a second or later violation is a class 2 traffic misdemeanor Up to 24 hours of useful public service and possible alcohol evaluation, education or treatment; administrative revocation of 3 months (first), 6 months (second) and 1 year (third or later). Drivers under 21 cannot reinstate early.

Official source: drivers under 21 in Colorado

Driving After Using Drugs

Yes. DUI and DWAI cover alcohol, one or more drugs, or a combination. Being legally entitled to use a drug, including medical marijuana, is not a defense. Five nanograms or more of THC per milliliter of whole blood gives rise to a permissible inference of being under the influence of drugs.

Official source: driving after using drugs in Colorado

More on DUI Law in Colorado

For the state's own guidance, see Colorado DMV: The DUI Process.

This page summarizes Colorado law from official sources, checked October 2026. It isn't legal advice; laws change, and a lawyer licensed in Colorado can advise on your case.

Frequently Asked Questions

What Is the Penalty for a First DUI in Colorado?

Jail: 5 days to 1 year in county jail (the minimum can be suspended if you complete a Level I or II alcohol and drug program); 10 days to 1 year if BAC was 0.20 or more. Fine: $600 to $1,000. License suspension: 9-month revocation (first excess BAC 0.08 violation); early reinstatement with an interlock is available from the first day of revocation.

How Long Do You Have to Request a License Hearing in Colorado?

7 days. How it is counted: the day you receive the notice of revocation (or the date on the DMV letter if you took a blood test). Request an Expressed Consent Hearing online through myDMV (Driver/ID Services tab, Appointments and Hearings). Hearings are held virtually by Zoom, and a temporary permit is issued until the hearing if you are eligible. If you miss it, the suspension usually takes effect automatically.

When Is a DUI a Felony in Colorado?

DUI, DUI per se or DWAI is a class 4 felony if it occurs after three or more prior convictions from separate episodes for DUI, DUI per se, DWAI, vehicular homicide or vehicular assault, with no time limit on the priors. If the court grants probation it must order 90 to 180 days in county jail, or 120 days to 2 years through work or school release. No DUI Colorado lists 2 to 6 years in prison and a $2,000 to $500,000 fine for a fourth DUI.

Do You Need an SR-22 After a DUI in Colorado?

Yes. How long: 3 years from the date last required; for a single DUI, DUI per se, DWAI or revocation with no accident, only as long as the license is under restraint, up to 3 years, starting at reinstatement. An SR-22 is a form your insurer files with the state to prove you carry the required coverage.