Driving under the influence (DUI) is a serious offense in Colorado, and the state has stringent laws to deter and penalize drivers who choose to drive while impaired. If you are facing a first-time DUI charge in Colorado, it’s essential to understand the potential penalties and the legal processes involved. 

Legal Definition of DUI in Colorado

In Colorado, a driver can be charged with DUI if their blood alcohol concentration (BAC) is 0.08% or higher. Additionally, drivers can be charged with Driving While Ability Impaired (DWAI) if their BAC is between 0.05% and 0.079%. It’s also possible to face DUI charges for driving under the influence of drugs, including marijuana, prescription medications, and illegal substances.

Penalties for a First-Time DUI Offense

The penalties for a first-time DUI offense in Colorado are designed to be severe enough to discourage repeat offenses and ensure public safety. Here’s what you can expect if you are convicted of a first-time DUI:

1. Fines and Fees

A first-time DUI conviction in Colorado can result in fines ranging from $600 to $1,000.  Additionally, there are court costs and other fees that can significantly increase the financial burden. These additional costs may include surcharges, probation supervision fees, and fees for alcohol education and treatment programs.

2. Jail Time

Although some first-time DUI offenders avoid jail time, it is a possibility that the court imposes a jail sentence ranging from five days to one year. Jail time can occasionally be suspended in favor of probation and mandatory alcohol education and treatment programs, depending on the circumstances and the judge’s discretion. It is more likely to receive a jail sentence, however, if there are aggravating factors such as having a high BAC or causing an accident.

If someone’s BAC is over a .20 there is a mandatory jail sentence, even if it is someone’s first offense.

3. Probation

Probation is a common penalty for first-time DUI offenders in Colorado. During probation, offenders must comply with various conditions, such as attending alcohol education classes, undergoing random drug and alcohol testing, and meeting regularly with a probation officer. Failing to comply with probation terms can result in additional penalties, including jail time.

4. Community Service

First-time DUI offenders are usually required to complete community service hours. The court can mandate 48 to 96 hours of community service. This requirement aims to provide a constructive way for offenders to give back to the community and reflect on their actions.

5. Driver’s License Suspension

A first-time DUI offense in Colorado results in a mandatory driver’s license suspension, typically for 9 months, however it can be longer depending on if someone has a high BAC level or if they refused to take a chemical test. Offenders may be eligible for a restricted license after one month, allowing them to drive to and from work, school, and alcohol treatment programs. To use a restricted license, offenders must install an ignition interlock device in their vehicle and pay the associated fees.

The Department of Motor Vehicles will also begin an administrative process that is separate from your criminal case, that can also result in a license suspension.  You will be given documentation by law enforcement when they cite you for a DUI or arrest you.  There are very short time requirements that must be acted upon quickly, or the DMV will administratively suspend your license without a hearing.

6. Ignition Interlock Device

As part of the penalties, first-time DUI offenders in Colorado may be required to install an ignition interlock device (IID) in their vehicles. An IID is a breathalyzer that prevents the vehicle from starting if it detects alcohol on the driver’s breath. Offenders are responsible for the cost of installing and maintaining the IID, which can be significant.

7. Alcohol Education and Treatment Programs

Colorado law mandates that first-time DUI offenders complete an alcohol education and treatment program. The length and intensity of the program can vary based on the offender’s BAC level at the time of arrest and any previous alcohol-related offenses.  People are required to take an alcohol evaluation as part of their plea or conviction at trial.  Those recommendations will dictate how many hours of therapy are recommended. These programs aim to educate offenders about the dangers of impaired driving and help them address any underlying issues with alcohol use.

Additional Consequences

Beyond the legal penalties, a first-time DUI conviction can have other far-reaching consequences. These can include increased insurance premiums, potential job loss (especially if driving is a part of your job), and a permanent criminal record. A DUI conviction can also affect personal relationships and cause significant stress and anxiety.

Legal Defenses and Mitigating Factors

If you are facing a first-time DUI charge in Colorado, it is crucial to seek legal representation. An experienced DUI attorney can help you navigate the legal system, explore potential defenses, and work to mitigate the penalties. DUI charges can be defended against by challenging the legality of the traffic stop, questioning the accuracy of the breathalyzer or blood test, and disputing the officer’s observations and conclusions.

If the stop is deemed unlawful, any evidence obtained during the stop, including BAC results, may be inadmissible in court. Accuracy issues with breathalyzers and blood tests can also be a strong defense. Additionally, breathalyzer machines must be correctly calibrated and maintained, and the testing procedure must be followed precisely to yield reliable results.

About the Author:

Andrew Bryant is a well-respected Colorado Springs criminal attorney who has been practicing in the area for years. A Colorado native, he returned to the home he loves after graduating from the University of Kentucky College of Law. Now, he uses the knowledge he gained as an El Paso County District Attorney to fight tirelessly for his clients’ rights. He is AV-Preeminent rated, has been recognized for his work by The National Trial Lawyers, and has been named to Best of the Springs lists by The Gazette for years.