In Colorado, a first-time DUI carries 48 to 96 hours of community service, and any subsequent DUI conviction carries 48 to 120 hours of community service. The legal 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 (underage drinking and driving).
How much community service do I have to do?
It depends on the specific crime and whether you have prior convictions:
|
Drunk driving / drugged driving offense |
Community service requirement |
| DUI / DUI per se |
First-time offense
Second or subsequent offense
|
| DWAI |
First-time offense
Second or subsequent offense
|
| UDD |
First-time offense
Second or subsequent offense
|
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, if you are ordered to do community service, you 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
Many 501(c)(3) organizations offer community service opportunities to Colorado DUI defendants.
How do I report my community service?
The non-profit organization keeps a time sheet that records all the hours you put in. When the required hours are finished, you will get a copy to submit to the court.
Can I get an extension?
Possibly, but the court will have to approve it. You should contact your 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 you to jail. Though if you 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 you if you have mobility limitations or other handicaps. Examples include answering phones, data entry, and reception work.
Legal References
- Colorado Revised Statute 42-4-1301; CRS 42-4-1307; see, for example, Martinez v. People, 2020 CO 3, 455 P.3d 752; see, for example, People v. Swain, (1998) 959 P.2d 426.
- CRS 42-4-1301.4
- Same.
