If you have a past drunk driving conviction, your next DUI will be prosecuted as a DUI-second in Colorado. It does not matter if your prior case occurred long ago or in another state or was for the lesser offense of DWAI.
A second-time DUI in Colorado is a misdemeanor carrying at least 10 days in jail, though the judge may grant you “work release” so you can keep your job.
A DUI-2nd also causes the DMV to label you a persistent drunk driver (PDD) and revoke your license for one year. However, you can still drive as long as you have an ignition interlock device (IID) installed in your cars.
The following chart outlines the criminal sentence for a second offense of driving under the influence in Colorado.
DUI 2nd Penalties in Colorado | |
Jail sentence | 10 days to 1 year |
Fines | $600 to $1,500 plus court costs and drug test fees |
Community service | 48 to 120 hours |
Suspended jail sentence | 1 year (which kicks in only if you do not complete the other sentencing terms) |
Probation | 2 to 4 years (which typically requires alcohol monitoring) |
Driver’s license revocation | 1 year, though you can apply for early reinstatement right away |
Level II alcohol education and treatment | 24 hours of alcohol education and 68 to 86 hours of treatment |
Ignition interlock device (IID) | 2 years |
SR-22 insurance | 2 years |
Note that DUIs comprise not only drunk driving but also drugged driving. Colorado law presumes you were driving under the influence of marijuana if your blood test shows at least five nanograms of THC per milliliter in your system.
In this article, our Denver Colorado criminal defense lawyers will address:
- 1. Is jail time mandatory?
- 2. What if my past DUI was long ago or in another state?
- 3. Is a second DUI a felony in Colorado?
- 4. Is there a way to keep my license?
- 5. Will a second DUI make me a habitual traffic offender?
- 6. How much more serious is a second DUI than a first?
- 7. Can I get the case dismissed?
- Additional Reading
1. Is jail time mandatory?
Colorado law requires a mandatory minimum of 10 consecutive days in county jail following a DUI-second conviction, and there is no “good time” credit you can use.1 However, if your prior DUI conviction occurred at least five years ago, the judge may grant you alternative sentencing instead such as house arrest.2
Note that even if your prior DUI conviction occurred less than five years ago, the judge can still grant you “work release.” This allows you to serve your jail sentence intermittently while you maintain your employment.3
In our experience, Colorado judges like to impose jail sentences longer than the mandatory minimum – sometimes up to six months. However, we have a long track record of persuading courts to hand down the laxest penalties allowable under the law.
Probation Terms
If the judge grants you probation, it is vital you abide by all the terms, which typically includes:
- Checking in regularly with your probation officer,
- Passing all alcohol/drug tests,
- Finishing treatment,
- Performing community service,
- Passing every IID breath test in your car, and
- Avoiding new arrests.
Just one probation violation could result in the judge remanding you to jail to serve the maximum DUI-2nd jail sentence of one year.
2. What if my past DUI was long ago or in another state?
It makes no difference. Colorado law considers all your past drunk/drugged driving-related convictions as “priors” no matter how long ago they occurred or whether they happened outside of Colorado.
It also makes no difference whether your past conviction was for:
- DUI – driving under the influence of alcohol or drugs, no matter what your BAC is;
- DUI per se – driving with a blood alcohol concentration (BAC) of 0.08% or higher, whether or not you are impaired;
- DWAI (driving while ability impaired), which is typically charged when your BAC is higher than 0.05% but lower than 0.08%; or
- Any other DUI crime that exists only in other states such as DWIs or OUIs.
The following flowchart summarizes the DUI case process.
3. Is a second DUI a felony in Colorado?
No. Second-time DUIs are only charged as felonies if someone gets seriously injured or killed. If that happens, the prosecutor would instead charge you with:
- Vehicular assault – a class 4 felony; or
- Vehicular homicide – a class 3 felony.
Note that even third-time DUIs are prosecuted as misdemeanors as well. Fourth-time DUIs, however, are always felonies.4
4. Is there a way to keep my license?
Second-time DUIs in Colorado cause your license to be suspended for one year. However, we can fight the suspension at an express consent hearing: This is an administrative trial held at your local DMV office.
Keep in mind you have just seven days after you receive your temporary permit to request an express consent hearing on the DMV website. If you miss the deadline, then the DMV automatically revokes your license.5
How You Can Keep Driving
Even if you lose the express consent hearing or neglect to request one on time, Colorado law permits you to continue driving as long as you:
- Keep an ignition interlock device (IID) installed in your car for at least two years,
- Apply for a license reinstatement and pay the applicable fee,
- Obtain SR-22 insurance, and
- Take the Level II Alcohol or Drug Education and Treatment class.6
If you install the IID, you will need to provide a breath sample whenever you start the car and at random intervals during your drives. All your test results are logged, and any failing tests could cause your probation to be extended or revoked.
If You Refused the Chemical Test
Note that if you refused to take a chemical test (a breath test or blood test) after getting arrested, the DMV tacks on an extra one-year license revocation. Also, you have to abstain from driving for two months before you can get the IID.7
5. Will a second DUI make me a habitual traffic offender?
Not necessarily. You get designated a habitual traffic offender (HTO) only when you commit three or more serious traffic offenses (such as DUIs) in a seven-year period. Being an HTO causes you to lose your license for five full years.8
After getting a second DUI, you want to do everything possible to avoid police pulling you over in the future. Make sure your registration and insurance are up to date, and drive very carefully and defensively from now on.
Getting a third DUI not only carries 60 days in jail, but it could cause you to become an HTO depending on your case.
6. How much more serious is a second DUI than a first?
First-time DUIs in Colorado carry laxer penalties than DUI-2nds. The minimum jail sentence is five days as opposed to 10, though oftentimes the judge will “suspend” it so you do no time at all.
In addition, the maximum fine for a DUI first is only $1,000 as opposed to $1,500 for a DUI second. Your license is suspended for only nine months as opposed to one year. Plus the maximum community service requirement is 96 hours as opposed to 120.9
7. Can I get the case dismissed?
Here at Colorado Legal Defense Group, literally thousands of clients have relied on us to defend them against second-time DUI charges. In our experience, the following three-pronged approach has proven very effective in getting these charges reduced to reckless driving or dismissed:
1. Evidence Gathering
When building a case, we begin with compiling all the evidence available. This includes
- Identifying and interviewing people who witnessed you on the day of the arrest,
- Obtaining copies of any police photos, video, and audio evidence of the traffic stop,
- Gathering information from the crime scene, including taking photos and videos,
- Requesting police arrest records and police equipment records,
- Reviewing medical records and also mechanical records,
- Gathering information about the incident scene, including traffic and also weather conditions, and
- Compiling “mitigating factors” to present to the court, such as:
- You have no criminal history other than DUI;
- You have strong community ties;
- You are employed;
- You have dependents you take care of;
- You voluntarily sought out rehabilitation such as AA or NA; and/or
- You perform community service on your own.
2. Filing Court Motions
Before the trial begins, pre-trial motions allow us to challenge the evidence against you. If we can convince the judge to suppress incriminating evidence in your case, the prosecutor may have no choice but to drop your charges before we even go to trial.
The judge may suppress evidence against you if we can show either:
- Police misconduct such as an illegal search,
- Improper evidence handling,
- Chemical test result errors,
- Improper instructions for the field sobriety tests,
- Medical issues leading to a false positive,
- Police lacking reasonable suspicion to make a traffic stop, and/or
- Police lacking probable cause to arrest you.
3. Negotiating a Deal
In some cases, we may be able to negotiate a plea bargain to keep you out of jail and reduce your other penalties. Many people facing criminal charges would prefer to accept a predictable and lighter sentence instead of taking their chances before a jury.
On occasion, prosecutors may agree to let you participate in a pretrial diversion program. This is where your charges get reduced or dismissed as long as you complete all the court-ordered requirements, which typically includes intensive rehabilitation.
We know from experience how to interact with the prosecutor to negotiate the best deal you can get. Most drunk driving cases settle before they ever go to trial and with minimal penalties.
Additional Reading
For more about Colorado DUI laws, refer to our informational articles:
- Does Colorado make you do DUI school? – An overview of your obligations regarding alcohol and drug education and therapy
- What is the community service requirement in connection with a Colorado DUI? – An in-depth look at your community service obligations
- Can I have guns if I’m on DUI probation in Colorado? – A discussion on how drunk driving affects your firearm rights
- I got a DUI in Colorado. How does the court process work? – An overview of the criminal and administrative procedures following an arrest
- Colorado DUI or DWAI with a child in the car – How courts handle drunk driving cases where a minor is a passenger
- Underage drinking and driving laws – The law and penalties for drivers under 21 caught driving with a BAC of .02% to .05%
- 20 ways to beat a Colorado DUI or DWAI – A comprehensive list of how to fight charges of driving under the influence
Legal References
- CRS 42-4-1301; CRS 42-4-1307; see also Nickle v. Reeder (1960) 144 Colo. 593; see also Hofer v. People (Colo. 2006) 148 P.3d 487; see also People v. Lopez (Colo. App.) 521 P.3d 691. HB 21-1314. SB21-055. CRS 42-1-102(68.5); CRS 42-2-126(4)(d)(II)(A); CRS 42-2-132(2)(a)(II)(A); CRS. 42-7-406(1).
- Same.
- Same.
- Same. CRS 18-3-205. CRS 18-3-106.
- CRS 42-2-126.
- Same. CRS 42-2-132.5.
- See note 5. CRS 42-4-1301.1.
- CRS 42-2-202.
- See note 1.