Colorado DUI and DWAI Laws and Penalties

Driving while intoxicated by drugs or alcohol is a crime in Colorado. Colorado has different categories of impaired driving offenses, and the penalties depend on the category and the number of prior convictions.

What Do DUI and DWAI Mean?

Colorado has four categories of impaired driving:

• DUI. Driving while under the influence of alcohol, drugs, or a combination of the two.
• DUI per se. Driving with a blood alcohol content (BAC) of .08% or more.
• DWAI. Driving while abilities are impaired by alcohol, drugs, or a combination of both.
• UDD. Underage drunk driving. (Read more about UDD below.)

A DUI requires proof of a substantial impairment that affects the person's ability to operate a vehicle safely. A DUI per se means that the driver's BAC was .08% or more. Colo. Rev. Stat. § 42-4-1301 (2025).)

DWAI is the lesser of these offenses, requiring proof of only a slight degree of impairment. A defendant is presumed to be DWAI if a chemical test shows a BAC of more than .05% but less than .08%. (Colo. Rev. Stat. § 42-4-1301 (2025).)

Jail Time and Fines for Impaired Driving

The possible penalties for an impaired driving offense depend on the number of prior convictions and whether the current conviction is for DUI, DUI per se, or DWAI. The penalties are typically less severe for a first DWAI conviction than they are for DUI or DUI per se convictions. But when an offender has at least one prior conviction, the penalties for DUI, DUI per se, and DWAI are the same.

Here are the minimum and maximum jail sentences and fines for first, second, and third convictions.

(Colo. Rev. Stat. § 42-4-1307 (2025).)

License Revocations for Impaired Driving

There is no license revocation imposed as the result of a first DWAI conviction. However, all Colorado drivers who are convicted of DUI, DUI per se, or a second or subsequent DWAI face license revocation. The revocation periods for a first, second, and third conviction are as follows:

(Colo. Rev. Stat. § 42-2-125 (2025).)

A person convicted of a first DUI or DUI per se can drive during the nine-month suspension with an interlock-restricted license. The driver will be required to have an ignition interlock device (IID) installed. However, if the defendant's BAC was .15% or more, the IID must be installed for at least one year. (Colo. Rev. Stat. §§ 42-2-132.5 (2025).)

For second and subsequent convictions of DUI, DUI per se, or DWAI, the defendant must hold the interlock-restricted license for at least two but not longer than five years before being eligible for any other license. (Colo. Rev. Stat. §§ 42-2-132.5 (2025).)

Other Consequences of a DUI or DWAI

Public service. A defendant who's convicted of DWAI for the first time must complete 24 to 48 hours of public service. For first DUI and DUI per se convictions, 48 to 96 hours of public service is required. For second and subsequent convictions of DUI, DUI per se, and DWAI, offenders must complete 48 to 120 hours of public service. All defendants required to complete public service must pay a $120 fee. (Colo. Rev. Stat. § 42-4-1307 (2025).)

Alcohol/drug evaluation and treatment. All DUI, DUI per se, and DWAI offenders must complete an alcohol and drug evaluation and the recommended treatment program. (Colo. Rev. Stat. § 42-4-1307 (2025).)

Probation. A court may place a defendant on probation for a first offense. For a second or subsequent conviction, the court must place an offender on probation for at least two years. Violating probation can result in up to a year in jail and an additional period of probation. (Colo. Rev. Stat. § 42-4-1307 (2025).)

Expressed Consent Law

If there's probable cause to believe a motorist was driving under the influence, Colorado's expressed consent law requires the motorist to submit to breath, blood, saliva, or urine testing. (Colo. Rev. Stat. § 42-4-1301.1 (2025).)

Motorists who fail or refuse a test typically face the following revocation periods:

(Colo. Rev. Stat. § 42-2-126 (2025).)

Underage Drunk Driving

It's illegal for a person under 21 years of age to drive a motor vehicle with a BAC of at least .02%. Underage drivers with a BAC of at least .02%, but not more than .05%, can be charged with UDD. An underage driver with a BAC of .05% or more can be charged with DWAI (or DUI per se with a BAC of .08% or more). (Colo. Rev. Stat. § 42-4-1307 (2025).)

A first offense is a class A traffic infraction. A second or subsequent UDD offense is a class 2 traffic misdemeanor. (Colo. Rev. Stat. § 42-4-1301 (2025).)

The penalties for a UDD conviction are:

• fines of $100 for a first offense and $150 to $300 for a second or subsequent offense
• jail time of up to 90 days for a second or subsequent offense
• up to 24 hours of community service, and
• license revocation of 3 months for a first offense, 6 months for a second offense, and 1 year for a third offense.

(Colo. Rev. Stat. §§ 42-2-126, 42-4-1301 (2025).)

The DMV will also revoke a driver's license under the expressed consent law. A BAC of at least .02% but less than .08% for a driver under 21 years old will result in the following license revocation periods:

• 3 months for a first violation
• 6 months for a second violation, and
• 1 year for a third or subsequent violation.

(Colo. Rev. Stat. § 42-2-125 (2025).)

If the DMV revokes a driver's license, a judge generally won't impose an additional license revocation. Even if the judge revokes a license, the revocation will run concurrently with the DMV's revocation. For instance, if both the judge and DMV impose a 6-month revocation, the total revocation period will be 6 months, not 12. (Colo. Rev. Stat. § 42-2-126 (2025).)

For a first UDD, an underage driver can request a 30-day revocation followed by 2 months with a probationary license. The probationary license allows driving for work, education, health, or alcohol and drug education and treatment. (Colo. Rev. Stat. §§ 42-2-125, 42-2-126, 42-2-127 (2025).)

Hiring a Lawyer

Driving with drugs or alcohol in your system can have serious penalties in Colorado. A lawyer with experience defending DUI cases can review the police report to determine if there are defenses. An experienced DUI attorney can also advise you about your plea and trial options.