Colorado DUI penalties

Laurie Ann Schmidt

Written by  Pro

DUI / DWI Attorney - Denver, CO

Contributor Level 12

Posted over 1 year ago. Applies to Colorado, 1 helpful vote

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1

DWAI - FIrst Offense

JAIL TIME: The range of jail time for DWAI is between a minimum of 2 days to a maximum of 180 days in county jail. The judge does have the discretion to suspend the jail time in exchange for successful completion of an alcohol or drug program. COMMUNITY SERVICE: In addition, there is a minimum of 24 hours and a maximum of 48 hours of community service. RANGE OF FINES: $200 to $600. A judge has the ability to suspend all or a portion of the fine upon successful completion of probation.

2

DUI / DUI per se first offense with a BAC under 0.20 or drugs only (no accident, injury, property damage)

JAIL TIME: The range of jail time is between a minimum of 5 days to a maximum of 365 days in county jail. The judge does have the discretion to suspend the jail time in exchange for successful completion of an alcohol or drug program. COMMUNITY SERVICE: There is a minimum of 48 hours and a maximum of 96 hours RANGE OF FINES: $600 to $1,000. LICENSE SUSPENSION: By DMV- nine months (it could be longer if the BAC is above a 0.17 or if a evidentiary test is refused)

3

DUI / DUI per se first offense with a BAC over 0.20 (no accident, injury, property damage)

JAIL TIME: The range of jail time is between a minimum of 10 days to a maximum of 365 days in county jail. The judge cannot suspend the 10 days jail time; it must be served. COMMUNITY SERVICE: There is a minimum of 48 hours and a maximum of 96 hours RANGE OF FINES: $600 to $1,000. LICENSE SUSPENSION: By DMV- nine months (it could be longer if the BAC is above a 0.17 or if a evidentiary test is refused)

4

Second offense DUI / DUI per se with a prior DUI/DUI per se/ DWAI conviction (no accident, injury, property damage)

JAIL TIME: The range of jail time is between a minimum of 10 days to a maximum of 365 days in county jail. The judge cannot suspend the 10 days jail time; it must be served. COMMUNITY SERVICE: In addition, there is a minimum of 48 hours and a maximum of 120 hours of community service. RANGE OF FINES: $600 to $1,500. LICENSE SUSPENSION: By DMV- one year

5

DUI / DUI per se with a two or more prior DUI/DUI per se/ DWAI conviction (no accident, injury, property damage)

JAIL TIME: The range of jail time is between a minimum of 60 days to a maximum of 365 days in county jail. The judge cannot suspend the 60 days jail time; it must be served. COMMUNITY SERVICE: In addition, there is a minimum of 48 hours and a maximum of 120 hours of community service. RANGE FINES: $600 to $1,500. LICENSE SUSPENSION: By DMV- 2 years

Additional Resources

If you would like additional information regarding DUI/DUI prosecution, visit our website at: www.criminaldefenseyouneed.com.

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