Colorado · DUI · Checked October 2026
Colorado DUI Penalties: First, Second and Third Offense
Colorado DUI Penalties: What Are the Rules?
Colorado sets DUI penalties by offense, and they rise with each conviction.
- 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
Colorado DUI Penalties by 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 |
Other First Offense Penalties in Colorado
- 48 to 96 hours of useful public service
- Probation of up to 2 years at the court's discretion
- Alcohol and drug education and treatment
Other Second Offense Penalties in Colorado
- 48 to 120 hours of useful public service
- At least 2 years of probation and a suspended 1-year jail sentence
- If the new violation came less than 5 years after the prior, the court cannot use sentencing alternatives during the mandatory jail period except for work, school or Level II treatment
- The court may order continuous alcohol monitoring
Other Third Offense Penalties in Colorado
- 48 to 120 hours of useful public service
- At least 2 years of probation and a suspended 1-year jail sentence
- At least 90 days of continuous alcohol monitoring unless the court finds it is not in the interests of justice
When Penalties Are Higher in Colorado
- 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 alternatives
- 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 years
- 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 service
When a DUI Is 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.C.R.S. §§ 42-4-1301(1)(a), 42-4-1307(6.5)
How Far Back Prior Offenses Count in Colorado
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.C.R.S. §§ 42-4-1307(5), (6), (9); 42-4-1301(1)(a)
Official source: how far back prior offenses count (Colorado)
More on DUI Law in Colorado
See the full overview of DUI laws in Colorado and read about first-offense DUI penalties across the states.
This page summarizes Colorado law from official sources, checked October 2026. It isn't legal advice; 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.
What Is the Penalty for a Second DUI in Colorado?
Jail: 10 consecutive days to 1 year in county jail. Fine: $600 to $1,500. License suspension: 1-year revocation (second excess BAC violation).
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.