Potential Penalties

Criminal Penalties for DUI/DUID/DWAI/UDD can vary widely based on the severity of the incident and number of prior alcohol related driving offenses an individual may have. It is important to consult a knowledgeable attorney about your particular situation.

DUI or DUI Per Se - First Offense C.R.S. 42-4-1307(3)

1.) Jail

a.) the court must impose a minimum of days in the county jail, and may impose a maximum of up to one year.

b.) the minimum can be suspended, if, as a condition of the suspended sentence, the offender undergoes an alcohol or drug evaluation and successfully completes a Level I or II program directed by that evaluation.

c.) except when there is a BAC of .200 or more, which then requires a mandatory minimum of jail of 10 days, none of which can be suspended. Sentencing alternatives may be available.

2.) Fine: the court must impose a minimum fine of $600 but not more than $1,000. This can be suspended in all or part.

3.) Useful Public Service (UPS): 49-96 hours

4.) Probation: Up to two years

5.) Victim Impact Panel

DUI or DUI Per Se - Second Offense, C.R.S. 42-4-1307(5)

1.) Jail:

a.) mandatory minimum of 10 consecutive days in the county jail. Alternative sentencing options available unless prior was within the last 5 years. Maximum sentence remains one year.

b.) The court must also suspend an additional jail sentence of up to a year as a condition of successfully completing probation.

2.) Fine: $600-1500. Can be suspended in all or part.

3.) Useful Public Service (UPS): 48-120 hours

4.) Probation: two to four years.

5.) Victim Impact Panel

DUI or DUI Per Se - Third Offense, C.R.S. 42-4-1307(6)

1.) Jail

a.) the court MUST impose a mandatory minimum of 60 days in the county jail. Maximum sentence remains one year.

b.) the court must impose an additional year of jail, suspended as a condition of successfully completing probation.

c.) alternative sentences are only authorized for time beyond the initial 60 days in county jail.

d.) no good time, earned time, or trusty time is applicable to the initial 60 days in county jail.

2.) Fine: $600-$5000, can be suspended in all or part

3.) UPS: 48-120 hours or UPS.

4.) Probation: 2-4 years

5.) Community Corrections: may be a sentencing option if the two priors are within the last seven years before the current violation.

6.) Victim Impact Panel

Felony DUI - Fourth and Subsequent Offenses, C.R.S. 42-4-1307(6.5)(b)(I) and (7)(b)

*** Felony Sentencing is Complex and particulars of an individual case matter greatly. Please consult with a qualified attorney. The following are basic guidelines. ***

1.) Prison: presumptive range of 2-6 years in prison with possible modifications based on Court findings, followed by three years of parole.

OR

2.) Community Corrections for a similar period of time.

OR

3.) Probation with a mandatory minimum of 90 days in jail and up to 180 days as a condition. There may be an option for 120 days to two years of work, education, or treatment release, followed by up to five years of probation.