1st Offense DUI in Colorado – Laws, Penalties & Defenses

If you get convicted of a first-time DUI in Colorado, you are facing:

1. five days to 1 year in jail,
2. 48 to 96 hours of community service,
3. a fine of $600 to $1,000 plus court costs,
4. two years of probation,
5. a 9-month license revocation, and
6. alcohol or drug education classes.

Prosecutors charge you with a 1st offense DUI when you have no prior DUI convictions in Colorado or any other U.S. state or territory. DUI comprises being in “actual physical control” of a vehicle while either:

• Being impaired by alcohol,
• Being impaired by drugs (called DUID, or DUI of drugs), or
• Having a blood alcohol concentration (BAC) of 0.08% or higher within two hours of driving.

Even if your car is parked, you still face DUI charges for being intoxicated in the driver’s seat with the keys in the ignition or within arm’s reach.

This flowchart shows the life of a DUI case in criminal court and the DMV:

 

In this article, our Denver Colorado criminal defense lawyers address the following topics:

• 1. DUI 1st Penalties
• 2. Losing Your License
• 3. Prior Out-of-State DUIs
• 4. Lookback Period
• 5. Record Seals
• 6. Can a lawyer help?
• Additional Reading

1. DUI 1st Penalties

A DUI first in Colorado is a misdemeanor offense carrying:

• Alcohol evaluation/education/treatment program (usually Level 1 for 12 hours),
• 5 days to 1 year in jail (though the D.A. may waive any jail if you complete the alcohol program and stay sober for a year),
• A fine of up to $1,000 plus court costs,
• 2 years of probation,
• 12 points on your license (which will cause your insurance premiums to increase),
• Revocation of your license for 9 months (though you may still drive with an ignition interlock device/IID in your car),¹ and
• Community service for up to 96 hours.

The penalties are the same even if you are driving unimpaired but have a BAC of 0.08% or higher (“DUI per se“).

If the consequences of a DUI-1st seem excessive, it is because they are meant to be. Courts want you to suffer financially, emotionally, and reputationally in the hopes you never pick up a second-offense DUI or third-offense DUI, which have even 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.

Commercial DUI Penalties

Commercial drivers face DUI charges for driving with a BAC as low as 0.04% (called “Excess BAC CDL“). The penalties are largely the same as for non-commercial drivers, except that a first offense triggers a one-year CDL suspension. A second offense triggers a lifetime ban.

Underage DUI Penalties

Driving with a BAC of 0.02% to 0.05% while under 21 years old is prosecuted as underage drinking and driving (UDD). A first-time “baby DUI” offense is only a class A traffic infraction. Instead of jail, the court imposes:

• A 3-month license revocation,
• 24 hours of useful public service,
• $100 in fines, and
• Alcohol/drug classes.

High BAC Penalties

If you are arrested for DUI with a BAC of 0.15% or higher, the DMV classifies you as a “persistent drunk driver.”³ This means you have to:

• Complete a Level II alcohol education classes, which involve 24 hours of education and 26 two-hour sessions of treatment,³
• Carry SR-22 insurance, and
• Have an IID installed in your vehicles for two years.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 impaired, no matter the level of THC in your blood.⁷

2. Losing Your License

At some point after your first DUI arrest, you will be issued a temporary permit that is valid for seven days.⁸ The only way to fight to keep your license is to request a DMV administrative hearing within those seven days.⁹

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

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

Refusing the Chemical Test

Under Colorado’s express consent law, you are required to consent to a chemical test following a DUI arrest.¹¹

If you refuse the chemical test, then:

• You will lose your license for an extra year,
• The D.A. can use your refusal as evidence of guilt in your drunk driving trial, and¹²
• The DMV will designate you as a persistent drunk driver.¹³

Getting Your License Back

After a DUI first, there is a way to have your driving privileges reinstated immediately instead of waiting out the nine-month suspension period. (Though if you refused the chemical test, you would have to wait two months.)

First you must complete an alcohol education course. Then you must install an ignition interlock device (IID) breathalyzer in all the vehicles you drive. There is an initial installation fee and then monthly maintenance fees that can add up to hundreds of dollars or more.

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.¹⁴

The IID can be removed after only four months as long as you do not fail any breath tests. Though if you were designated as a persistent drunk driver for having a BAC of 0.15% or higher, you must maintain the IID for two years.¹⁵

3. Prior Out-of-State DUIs

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.¹⁶ 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).¹⁷

Note that a first-time DUI that causes injury or death is an automatic felony in Colorado, even if you have a clean criminal record otherwise.

4. Lookback Period

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.¹⁸

5. Record Seals

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

However, if your DUI charge gets dismissed, you can petition for a seal immediately.

6. Can a lawyer help?

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.

Gathering of Evidence:

Building your case begins with compiling all the available 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

Legal Research and Filing Motions:

We then use the evidence to do legal research, craft the best defense, and file requests (“motions”) with the court in preparation for trial. 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 reasonable suspicion for a traffic stop
• No probable cause for a chemical test
• Miranda rights violations

Negotiations:

Once prosecutors see our defense is strong, they may offer a favorable plea deal. 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