See the chart below to learn more about possible penalties for DUI cases in Colorado (as of 2025). Every few years, you will see some minor changes to the laws.
One of the biggest changes came in 2015 when a fourth or greater DUI became a felony. Before 2015, there was not an automatic upgrade to a felony based on driver history. At that time, only DUIs that had an aggravator such as Serious Bodily Injury (vehicular assault) or death (vehicular homicide) were charged as felonies.
One of the newest changes in DUI laws is the ability to immediately reinstate your driver’s license with an interlock device after the loss of a per se hearing.
That is, if you lose your license through an administrative DMV hearing for a BAC in excess of .08 within two hours of the time of driving. Previously, there was a 30-day no-driving period (revocation) before the license was eligible to be reinstated.
On “refusal” cases, where a person refuses to submit to a chemical test of their breath or blood, as is required under Colorado’s Express Consent law, there is still a 2-month revocation (no driving) period followed by 2 years of Interlock ignition device.
Check out the chart below to review the penalties. Every drunk driving case, except UDD, has the potential for jail time. However, jail time is only mandatory in certain conditions, such as prior convictions or a BAC in excess of .20.
Related: How Much Jail Time Do You Get For DUI
DUI and DWAI charges require: Useful Public Service (UPS), Alcohol education (Level 2) and possible therapy, a MADD panel, fines, court costs, and the potential for jail. Probation is up to 2 years for first-time offenders, but can extend up to four years for repeat offenders.
Colorado DUI/DWAI/UDD Penalties Chart
1. Penalty Chart for First Offenses (DUI, DWAI, UDD)
| Offense | Jail / Imprisonment | Fine | License Revocation / Suspension | Ignition Interlock (IID) Period | Probation Length | Community Service | Alcohol / Drug Classes |
| 1st DUI / DUI per se | 5 days – 1 year (mandatory 5 days; if BAC ≥ 0.20, 10 days minimum) | $600 – $1,000 | 9 months revocation | <0.15 BAC: ~8 months IID; ≥0.15 BAC or refusal: 2 years IID | Up to 2 years | 48 – 96 hours | Alcohol education & assessment; Level II if high BAC or refusal |
| 1st DWAI | 2 – 180 days | $200 – $500 | License consequences possible | IID may be required depending on BAC | Up to 2 years | 24 – 48 hours | Education / treatment required |
| 1st UDD (Under 21, BAC .02 – .05) | No jail for 1st offense | $15 – $100 | 3 months suspension (1st); 6 months (2nd); 1 year (3rd+) | IID not typical | Probation possible | Up to 24 hours | Alcohol classes; more intense for repeat |
2. Penalty Chart for Repeat Offenses
| Offense | Jail / Imprisonment | Fine | License Revocation / Suspension | Ignition Interlock (IID) Period | Probation Length | Community Service | Alcohol / Drug Classes |
| 2nd DUI / DWAI | 10 days – 1 year (mandatory 10 days) | $600 – $1,500 | 1 year suspension | 2 years IID | 2 – 4 years | 48 – 120 hours | Level II education & treatment |
| 3rd DUI / DWAI | 60 days – 1 year (mandatory 60 days) | $600 – $1,500 | 2 years suspension | 2 – 5 years IID | 2 – 4 years | 48 – 120 hours | Intensive treatment; possible monitoring |
| 4th or Subsequent DUI (Felony) | 2 – 6 years prison (Class 4 Felony) | $2,000 – $500,000 | 5+ years revocation | 2 – 5 years IID or more | Strict probation / parole | Court discretion (often community service required) | Mandatory treatment; ongoing monitoring |
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