What is the community service requirement in connection with a Colorado DUI?

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What is the community service requirement in connection with a Colorado DUI?
Every non-felony DUI conviction carries a community service requirement in Colorado.

In Colorado, a first-time DUI requires 48 to 96 hours of community service, a first-time DWAI requires 24 to 48 hours, and a first-time UDD (underage drinking and driving) requires 24 hours. Any subsequent DUI, DWAI, or UDD conviction requires 48 to 120 hours of community service. Another term for community service is “useful public service” (UPS).

Is community service required for every Colorado DUI?

Community service is a required sentencing term for every non-felony offense for DUI, DWAI and UDD.

How much community service do I have to do?

It depends on the specific crime and whether the defendant has prior convictions:

Drunk driving / drugged driving offense

Community service requirement
DUI / DUI per se

First-time offense

  • 48 – 96 hours of public service

Second or subsequent offense

  • 48 – 120 hours of public service
DWAI

First-time offense

  • 24 – 48 hours of public service

Second or subsequent offense

  • 48 – 120 hours of public service
 UDD

First-time offense

  • 24 hours of public service

Second or subsequent offense

  • 48 – 120 hours of public service1

Where can I do community service?

It depends on which county the case is in. Contact the county criminal justice services for a list of accepted non-profit organizations that provide “useful public service” opportunities. CRS 42-4-1301.4 defines “useful public service” as:

[A]ny work that is beneficial to the public and involves a minimum of direct supervision or other public cost. “Useful public service” does not include any work that would endanger the health or safety of any person convicted of a violation of any of the offenses specified in section 42-4-1301.2

Typical service activities include collecting trash, mowing grass at public buildings and parks, and helping at soup kitchens and food pantries.

Do I have to pay anything?

Yes, people ordered to do community service are required to pay a maximum $120 fee to cover insurance and the operating costs of the community service program. This useful public service fee is in addition to any other fines, costs, and surcharges the court imposes following a DUI/DWAI/UDD conviction.3

DUI defendants helping out at soup kitchen as part of DUI plea deal

Many 501(c)(3) organizations offer community service opportunities to DUI defendants.

How do I report my community service?

The non-profit organization keeps a time sheet that records all the hours the defendant puts in. When the required hours are finished, the defendant will get a copy to submit to the court.

Can I get an extension?

Possibly, but the court will have to approve it. Defendants should contact their attorney to ask the judge for an extension to complete the community service requirement.

What if I do not finish my hours on time?

It depends on the terms of the sentence. In many cases, failure to complete community service allows the judge to remand the defendant to jail. But if the defendant had a good excuse – such as being ill – the judge may grant an extension.

What if I am disabled?

Light duty assignments are available for defendants with mobility limitations or other handicaps. Examples include answering phones, data entry, and reception work.

Group of law firm receptionists with headsets

Call our law firm for legal advice. We offer free consultations on your driving under the influence case.

Legal References

  1. CRS 42-4-1301; CRS 42-4-1307; see, e.g., Martinez v. People, 2020 CO 3, 455 P.3d 752; see, e.g. People v. Swain, (1998) 959 P.2d 426.
  2. CRS 42-4-1301.4
  3. Same.

About the Author

Author Avatar

Michael Becker

Michael Becker has over a quarter-century's worth of experience as an attorney and more than 100 trials under his belt. He is a sought-after legal commentator and is licensed to practice law in Colorado, Nevada, California, and Florida.

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