Get Informed! Larimer County DUI/DWAI Laws explained

In order to make the best call about when to drive and when to get a ride, you need to be informed. In Colorado, you are considered to be Driving Under the Influence (DUI) with a blood or breath alcohol content of 0.08% or higher. You can still be charged with a DUI if your test result comes back below 0.08%. You will be charged with a DUI if you refuse to submit to a chemical test while showing signs of intoxication or of being under the influence of drugs, including marijuana.

Although Colorado uses Driving While Ability Impaired (DWAI) language during sentencing, there is no difference in the statute (law) itself. DUI laws in Colorado cover impairment due to alcohol, drugs, or any combination of the two.

First Offense DUI

● Misdemeanor

● 5 days – 1 year in jail

● $600 – $1,000 fine

● 48 – 96 hours of community service

● Mandatory 9-month license suspension

● Alcohol education classes

● Even for a first offense, defendants with BAC 0.15% or higher are designated “persistent drunk driver (PDD)” and sentenced as repeat offenders (see Persistent Drunk Driver section). This designation comes with mandatory jail time of 10 days, up to one year.

Second Offense DUI

● Misdemeanor

● Mandatory jail time of 10 days, up to one year

● $600 – $1,500 fine

● 48 – 120 hours of community service

● Mandatory 1 year license revocation

● Mandatory Ignition Interlock Device (IID) for 2 years, up to 4 years

● 12 DMV points

● Alcohol education classes

Third Offense DUI

● Misdemeanor

● Mandatory 60 days in jail, up to 2 years

● $600 – $1,500 fine

● 48 – 120 hours of community service

● Mandatory 2-year license revocation

● Mandatory IID for 2 years, up to 4 years

● 12 DMV points

● Alcohol education classes

Fourth Offense DUI

● Class 4 felony

● 2 – 6 years in Colorado State Prison

● 3 year parole

● $2,000 – $500,000 fine

Persistent Drunk Driver/Aggravated DUI

● Penalty sustained if you: drive with a BAC 0.15% or greater; refuse to take a chemical DUI test; have two or more DUI convictions; or drive on a license suspended or revoked for DUI.

● Mandatory Level II alcohol education and treatment program

● Mandatory Ignition Interlock Device for 2 years, up to 4 years

● Mandatory provide proof of financial responsibility (SR-22 insurance coverage) for at least 2 years

First Offense DWAI

● Misdemeanor

● 2 – 180 days in jail

● $200 – $500 fine

● 24 – 48 hours community service

● 8 DMV points

Second Offense DWAI

● Misdemeanor

● Mandatory 10 days in jail, up to one year

● $600 – $1,500 fine

● 48 – 120 hours community service

● 8 DMV points

● Mandatory 2 years probation, up to 4 years

● Mandatory 1-year license revocation if second offense occurs within 5 years of the first

Third Offense DWAI

● Misdemeanor

● Mandatory jail time of 60 days, up to one year

● $600 – $1,500 fine

● 48 – 120 hours community service

● 8 DMV points

● Mandatory 2 years probation, up to 4 years

● Mandatory 2-year license revocation

Fourth Offense DWAI

● Class 4 felony

● 2 – 6 years in prison

● 3 year parole

● $2,000 – $500,000 fine

How many points will cost you your license?

Adult Drivers (21 and older)

● 12 points in a 12-month period, or

● 18 points in an 18-month period

Minor Drivers 18-20 Years Old

● 9 points in a 12-month period

● 12 points in 24 consecutive months, or

● 14 points or more between the ages of 18 and 21 years old

Minor Drivers Under 18

● 6 points in 12 months, or

● 7 points before turning 18

Colorado’s Chargeable BAC Level

In Colorado, the “legal limit” for drinking and driving is a BAC of 0.08%. It is important to note, however, that alcohol affects people differently, and a BAC of 0.05% may be enough to cause impairment. Therefore, if you show signs of driving under the influence and/or cause an accident, and your BAC is 0.05% or higher, it is a permissible inference that you drove under the influence of alcohol, and you can be charged.

Providing Alcohol to a Minor

In Colorado, people who “sell, serve, give away, dispose of, exchange, or deliver or permit the sale, serving, giving, or procuring of any alcohol beverage to or for any person under the age of twenty-one years” can be charged with a Class 2 misdemeanor. This conviction can include a prison sentence in a county jail of at least three months and up to one year. Fines range from $250 to $1,000.