1st Offense DUI in Colorado – Law & Penalties

If you get convicted of a first-time DUI in Colorado, you will be facing 5 days to 1 year in jail, 48 to 96 hours of community service, a fine of $600 to $1000 plus court costs, 2 years of probation, a 9-month license revocation and alcohol or drug education classes.

These penalties may increase if you have a high BAC. By definition, a 1st offense DUI is one in which you have no prior DUI convictions in Colorado or any other U.S. state or territory.

In this article, our Denver Colorado criminal defense lawyers answer the following top 6 questions:

• 1. What are the penalties for a first-time DUI in Colorado?
• 2. Will I lose my license?
• 3. What if I have a DUI in another state?
• 4. What is the lookback period for prior DUIs in Colorado?
• 5. Can I seal my record?
• 6. Can a lawyer help me fight a first-time DUI in Colorado?
• Additional reading

1. What are the penalties for a first-time DUI in Colorado?

A DUI first in Colorado is a misdemeanor carrying:

• 5 days to 1 year in jail,
• A fine of up to $1,000,
• 2 years of probation,
• Revocation of your license for 9 months,
• Community service for up to 96 hours, and
• Alcohol education classes (usually Level 1 for 12 hours).¹

Even if you are driving unimpaired, driving with a blood alcohol concentration (BAC) of 0.08% or higher is DUI per se – which is punished the same as DUI.

Note that each successive DUI conviction will trigger harsher penalties. A second-offense DUI entails stiffer penalties than a first offense, and a third-offense DUI entails still harsher penalties.

DWAI penalties

If your BAC is between 0.05% and 0.08%, police can arrest you for the lesser charge of driving while ability impaired (DWAI).² The penalties for a first-time conviction are:

• From 2 days up to 180 days in jail,
• A fine of up to $500,
• 8 points against your license, and
• Community service for up to 48 hours.

High BAC penalties

If you have a BAC of 0.15% or above, you will be classified as a “persistent drunk driver.” There are increased penalties, including:

• Level II alcohol education classes, which involve 24 hours of education and 26 two-hour sessions of treatment,³ and
• an ignition interlock device (IID) in your vehicle.⁴

DUI of drugs

DUI of drugs (DUID) and DUI of alcohol are punished identically. It does not matter whether the drug was an illegal street drug like heroin or methamphetamines or drugs you have a prescription for.⁵

The fact that recreational marijuana is now legal in Colorado does not permit you to drive while high. Having a valid medical marijuana card is not a defense to DUI of marijuana charges.⁶

There is a presumption that you are impaired by marijuana if a blood test shows 5 nanograms or more of delta 9-tetrahydrocannabinol (THC) per milliliter. However, a police officer can still arrest you for driving while impaired no matter the level of THC in your blood.⁷

2. Will I lose my license?

After a first DUI arrest, the law enforcement officer will take your driver’s license and issue a temporary permit that is valid for seven days.⁸ The only way to fight to keep your license is to request a DMV hearing within those seven days.⁹

If you then lose this hearing – or if you fail to request a hearing at all – your license may be suspended for nine months.

If you were convicted of only a DWAI and not a DUI, you should be able to keep your license since DWAIs only add 8 points to your DMV record. Though if you amass 12 or more points in a 12-month period, you may have your license suspended.¹⁰

Refusing a chemical test

Under Colorado’s express consent law, you are required to consent to a chemical test if a police officer has reasonable grounds to believe you are impaired by alcohol or drugs.¹¹

If you refuse the chemical test, you can lose your license for an extra year. Refusing a chemical test will also be admissible as evidence of guilt in your drunk driving trial.¹²

Additional penalties for refusing a chemical test in Colorado include:

• Designation as a Colorado “persistent drunk driver” (PDD),¹³
• Mandatory alcohol education and treatment program,¹⁴
• Ignition interlock device (IID) in your vehicle for at least one year,¹⁵ and
• SR-22 insurance.¹⁶

Reinstatement of driving privileges

You can have your driving privileges reinstated early instead of waiting out the 9-month suspension period.

First you have to complete the alcohol education course. Then you have to install an ignition interlock device (IID) in all the vehicles you drive for eight months (or only four months in some cases).¹⁷

The IID requires you to blow a clean (alcohol-free) breath into the device to start the car. The IID also requires regular rolling samples while the vehicle is operating. Any failed tests will be logged, reported, and delay your reinstatement of unrestricted driving privileges.¹⁸

3. What if I have a DUI in another state?

If you have any prior conviction for a drunk/drugged driving offense in another state or U.S. territory, it will count as a prior conviction in Colorado.¹⁹ It does not matter whether your prior case was for a:

• DUI
• DUID
• DUI per se
• DWAI
• DUI causing injury (vehicular assault)
• DUI causing death (vehicular homicide)
• DWI or OUI (which do not exist in Colorado)²⁰

4. What is the lookback period for prior DUIs in Colorado?

Colorado has a lifetime lookback period (also called “washout period”). This means that all your previous DUI convictions count as “priors” no matter how long ago they occurred.²¹

5. Can I seal my record?

Colorado law does not permit DUI convictions to be sealed. They remain on your record forever.

Though if your DUI charge gets dismissed, you can petition for a seal right away.

6. Can a lawyer help me fight a first-time DUI in Colorado?

Here at Colorado Legal Defense Group, we have fought literally thousands of first-time DUI charges. In our experience, we can achieve favorable results – including charge reductions and dismissals – by taking the following approach.

1. Gathering of evidence:

Building your case begins with gathering evidence. This includes:

• Locating and interviewing potential witnesses
• Obtaining video and audio evidence of your traffic stop
• Taking photographs of the alleged crime scene
• Obtaining arrest records
• Reviewing chemical test results
• Determining if police have properly calibrated and maintained testing equipment

2. Legal research and filing motions:

We then use the evidence gathered as the basis for legal research and motion writing to support your case. For example, we can ask the court to suppress evidence based on:

• Improper breath testing procedures
• Breath testing errors
• Medical conditions that lead to a false BAC result
• Improper blood testing procedures
• No probable cause for a traffic stop
• No probable cause for a chemical test
• Miranda rights violations

3. Negotiations:

We have a long track record of extracting the best deals possible from prosecutors. Most drunk driving cases do not go to trial.

Negotiating for a good plea bargain can help you avoid possible jail time and reduce your criminal charges. In some cases, we can get DUI 1st charges reduced to “reckless driving” and avoid a DUI conviction.

Additional reading

For more information about Colorado DUI laws, see our related articles:

• Does Colorado make you do DUI school? – A discussion of if and when you need to take alcohol education classes
• What is the community service requirement in connection with a Colorado DUI? – An overview of when you are legally required to perform public service as part of your sentence
• I got a DUI in Colorado. How does the court process work? – An in-depth look at both the criminal and administrative procedures you can expect after being arrested
• Underage drinking and driving laws – An informational guide for motorists younger than 21 arrested for driving with a BAC of .02% to .05%
• 20 ways to beat a Colorado DUI or DWAI – A guide to challenging drunk driving allegations in all types of circumstances

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Legal References