Colorado Springs DUI Attorney Explains the Penalties and Sentencing for Impaired Driving

A former DA, Colorado Springs DUI attorney James Newby has prosecuted and subsequently defended hundreds of DUI and DWAI cases. Call for free consultation.

DUI Penalties & Sentencing

The state of Colorado understands the severity of alcohol-related driving offenses and therefore imposes hefty DUI penalties in Colorado for anyone who drives while intoxicated. Those who do choose to drive after drinking may be charged with driving under the influence (DUI), or driving while ability impaired (DWAI); the type of charge depends on the alcohol content in the bloodstream.

Anyone charged with DUI or DWAI faces severe penalties including jail time, hefty fines, revocation of license, points on a driver’s license, or court-ordered classes or service. Below is a closer look at the penalties that come with each offense.

DUI vs. DWAI

When looking at alcohol-related offenses, it is important to understand the difference between DUI and DWAI. In Colorado, a DUI offense occurs when your blood alcohol content is .08 percent or higher and/or the arresting officer has reason to believe that you have been drinking or taking drugs.

DWAI is a lesser offense that occurs when your blood alcohol content is .05 percent to .07 percent but there is still reason to believe that you are driving while impaired.

DUI Penalties in Colorado

The severity of the penalty you receive if convicted of DUI depends on if you were ever convicted of prior alcohol-related driving offenses. These penalties are broken down as follows:

  • First Offense:  Potential jail sentence (minimum five days / maximum one year); 12 points on your driver’s license; Fine of $600 – $1,000 plus court costs; License revocation for nine months; Two years probation; Mandatory public service for 48 to 96 hours; Level II alcohol education and therapy. 

  • Second Offense:  Potential jail sentence (minimum ten days / maximum ten years); 12 points on your driver’s license; Fine of $600 to $1,500 plus court costs; License revocation for one year; Two years probation; Mandatory public service for 48 to 120 hour;s Level II alcohol education and therapy.

  • Third Offense: Potential jail sentence (minimum 60 days / maximum one year); 12 points on your driver’s license; Fine of $600 to $1,500 plus court costs; License revocation for two years; Two years probation Mandatory public service for 48 to 120 hours; Level II alcohol education and therapy 

Driving While Ability Impaired (DWAI)

While DWAI is a lesser offense than DUI, it can still carry significant penalties such as the following:

  • First Offense:  Potential jail sentence (minimum two days / maximum 180 days); Eight points on your driver’s license; Fine of $200 to $500; Two years probation; Mandatory public service of 24 to 48 hours; Level II alcohol education and therapy. 

  • Second Offense:  Potential jail sentence (minimum ten days / maximum one year); Eight points on your driver’s license; Fine of $600 to $1,500 plus court costs; Revocation of your driver’s license for one year; Two years probation; Mandatory public service of 48 to 120 hours; Level II alcohol education and therapy.

  • Third Offense:  Potential jail sentence (minimum 60 days / maximum 180 days); Eight points on your driver’s license; Fine of $600 to $1,500 plus court costs; Revocation of your driver’s license for two years; Two years probation; Mandatory public service of 48 to 120 hours; Level II alcohol education and therapy.

 

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James Newby Law
102 S. Tejon Street, Suite 1100
Colorado Springs, CO 80903
Hours: M-F 8:30am - 5:00pm