Pav Law Explains how First vs. Repeat Offenses Impact DUI Penalties in Colorado.
Driving under the influence (DUI) is taken seriously in Colorado, and the penalties increase quickly if you have prior convictions. Whether this is your first DUI or a repeat offense, understanding what you’re facing can help you protect your rights and make informed decisions about your defense.
Below, we break down Colorado DUI penalties for first-time and repeat offenses, including jail time, fines, license consequences, and long-term impacts—then explain why early legal help matters.
What Counts as a DUI in Colorado?
You can be charged with DUI in Colorado if:
- Your BAC is 0.08% or higher, or
- You are substantially incapable of safely driving due to alcohol, drugs, or both
Colorado also prosecutes:
- DWAI (Driving While Ability Impaired) – a lower BAC threshold with serious consequences
- Drug DUI (DUID) – including marijuana and prescription medications
First-Time DUI Penalties in Colorado
A first DUI is a misdemeanor, but it still carries mandatory penalties that can affect your freedom, finances, and driving privileges.
Potential penalties include:
- Jail: 5 days to 1 year
- Fines: $600 to $1,000
- License revocation: 9 months
- Community service: 48–96 hours
- Alcohol education & treatment: Mandatory
- Probation: Up to 2 years
- Ignition interlock: Often required to reinstate driving privileges
Even without jail time, a first DUI can follow you for years—impacting employment, insurance rates, and professional licensing. Don’t take chances with your future. If you’ve been charged with DUI or a varient, call Pav Law for a free, confidential case evaluation today.
Second DUI Offense (Repeat DUI)
A second DUI conviction comes with significantly harsher penalties and less flexibility from courts.
Penalties typically include:
- Jail: 10 days to 1 year (mandatory minimum applies)
- Fines: $600 to $1,500
- License revocation: 1 year
- Community service: 48–120 hours
- Ignition interlock: Required for at least 2 years
- Probation: Up to 2 years
- Alcohol or drug treatment: More intensive requirements
Judges have limited discretion, and avoiding jail becomes much more difficult without an experienced defense strategy.
Third DUI Offense: Felony Territory
A third DUI in Colorado may still be charged as a misdemeanor, but the penalties are severe. A fourth DUI is automatically a felony, regardless of how old prior convictions are.
Felony DUI consequences may include:
- Prison time: Up to 6 years
- Fines: Up to $500,000
- Parole & probation
- Long-term license revocation
- Permanent criminal record as a felon
How Prior DUIs Affect Your Case
Colorado looks at lifetime DUI history, not just recent offenses. Prior convictions from other states can count, and prosecutors often use them to push for:
- Mandatory jail time
- Harsher probation conditions
- Longer ignition interlock requirements
This is why repeat DUI cases demand an aggressive, detail-focused defense.
Why DUI Defense Matters—Even for a First Offense
DUI cases are technical. Evidence can be challenged, including:
- Traffic stop legality
- Field sobriety testing
- Breath or blood testing procedures
- Officer training and reports
An effective defense may reduce charges, minimize penalties, or in some cases, lead to dismissal.
Facing DUI Charges in Colorado? Pav Law Can Help.
At Pav Law, we understand how stressful DUI charges can be—especially when your license, freedom, and reputation are on the line. We handle first-time and repeat DUI cases across Colorado, with a strategic, trial-ready approach tailored to your situation.
If you’ve been arrested for DUI:
- Don’t plead guilty without legal advice
- Don’t assume the penalties are unavoidable
📞 Contact Pav Law today to schedule a confidential consultation and learn how we can fight to protect your future.
Colorado DUI Penalties — Primary Legal Sources
Colorado Revised Statutes (C.R.S.)
- DUI & DWAI Offenses and Penalties
C.R.S. § 42-4-1301 – Driving under the influence; driving while ability impaired
Covers:- DUI vs. DWAI definitions
- BAC thresholds
- Misdemeanor penalties
- Mandatory minimum jail and community service
- Felony DUI (4th offense)
👉 https://law.justia.com/codes/colorado/title-42/article-4/part-13/section-42-4-1301/
- Felony DUI Sentencing
C.R.S. § 42-4-1301(1)(a.5)
Establishes that a fourth DUI is a felony, regardless of when prior offenses occurred
👉 https://law.justia.com/codes/colorado/title-42/article-4/part-13/section-42-4-1301/
Driver’s License & Ignition Interlock Consequences
- License Revocation & Points
Colorado Department of Revenue – Division of Motor Vehicles (DMV)
DUI revocation periods, reinstatement rules, and administrative penalties
👉 https://dmv.colorado.gov/dui-dwai - Ignition Interlock Requirements
C.R.S. § 42-2-132.5 – Ignition interlock restricted licenses
Covers:- When interlock is required
- Duration based on offense number
- Reinstatement eligibility
👉 https://law.justia.com/codes/colorado/title-42/article-2/part-1/section-42-2-132-5/
Drug DUI (DUID)
- Marijuana & Drug DUI Standards
C.R.S. § 42-4-1301(6)(a)(IV)
Establishes permissible inference for THC and drug impairment
👉 https://law.justia.com/codes/colorado/title-42/article-4/part-13/section-42-4-1301/
Probation & Treatment Requirements
- Alcohol Evaluation & Treatment
Office of Behavioral Health – Colorado
Required Level II education and therapy for DUI convictions
👉 https://bha.colorado.gov/substance-use/dui-education-and-therapy
