Colorado · DUI
Colorado DUI laws and penalties
Colorado's legal BAC limit is 0.08%. For a first offense, Colorado's statute provides jail of 5 days to 1 year, a fine of $600 to $1,000, and a license suspension of 9 months. The license hearing, the ignition interlock rule and the statute behind every figure are below.
Figures read from official pages on .
Colorado · county map
3 counties have a page: select one to open it, or find them under Counties below. The other counties are added as data is published.
Colorado DUI laws at a glance
- Legal BAC limit
- 0.08%
- Standard US limit
- Enhanced penalty BAC
- 0.20%
- Where the penalties step up
- Zero tolerance (under 21)
- 0.02%
- Limit for drivers under 21
- Lookback period
- Lifetime
- Prior DUI offenses that count
License hearing: ask within 7 days
In writing within 7 days after you receive the notice of revocation; the right to a hearing is waived if the request is late. Count the days with the license-hearing window calculator.Higher BAC level. At 0.20 or more the first-offense jail minimum rises from 5 to 10 days. At 0.15 or more the driver is a "persistent drunk driver" and an interlock-restricted license is mandatory.
Ignition interlock. Mandatory interlock-restricted license for at least a year at 0.15 or more; below that it is optional, for early reinstatement.
Lookback. No time limit: any earlier DUI, DUI per se or DWAI conviction counts at sentencing.
01Penalties
Colorado DUI penalties
| Penalty | 1st offense | 2nd offense |
|---|---|---|
| Jail (minimum) | 5 days | 10 days |
| Jail (maximum) | 1 year | 1 year |
| Fine (minimum) | $600 | $600 |
| Fine (maximum) | $1,000 | $1,500 |
| License suspension | 9 months | 1 year minimum |
Statutory ranges only. Actual outcomes vary by county, judge, and attorney. Does not include court fees, surcharges, or program costs.
02Compare
How Colorado compares
Of the 49 states with a confirmed BAC limit, 48 (Colorado among them) use 0.08%; Utah has 0.05%.
On this site's reading of the statutes, of the 49 states with a confirmed rule, 21 require an ignition interlock after every first conviction, 18 in some cases and 8 leave it to the judge; 2 do not require one. Colorado requires one in some cases.
The 40 states with a fixed deadline give from 6 to 90 days to ask for a license hearing (the middle one is 10); Colorado gives 7.
| State | BAC limit | Hearing request | Interlock, first offense | Jail, first offense | Fine, first offense | License, first offense |
|---|---|---|---|---|---|---|
| Colorado (this page) | 0.08% | 7 days | In some cases | 5 days to 1 year | $600 to $1,000 | 9 months |
| Kansas | 0.08% | 14 days | Required | 48 hours to 6 months | $750 to $1,000 | 30 days suspension, then 180 days restricted to an ignition interlock vehicle |
| Nebraska | 0.08% | 10 days | Required | 7 days to 60 days | $500 | 6 months |
| New Mexico | 0.08% | 10 days | Required | Up to 90 days | Up to $500 | 1 year |
| Oklahoma | 0.08% | 30 days | Required | 10 days to 1 year | Up to $1,000 | At least 180 days, and until the Impaired Driver Accountability Program is completed |
| Utah | 0.05% | 10 days | Required | 2 days to 6 months | $700 to $1,000 | 120 days |
| Wyoming | 0.08% | 20 days | In some cases | Up to 6 months | Up to $750 | 90 days |
Every figure is the statute's own, read from the same kind of page. See DUI laws and penalties for all 50 states.
03The process
How a DUI case moves through the system in Colorado
Arrest and booking
Police arrest a driver on suspicion of DUI and take the person to the local jail, where booking records the arrest, the charge and the times.
Release
A person is released after posting bail, on their own recognizance, or after a hold. Amounts and timing differ by county.
License action
In writing within 7 days after you receive the notice of revocation; the right to a hearing is waived if the request is late.
Arraignment
The first court appearance, where the charge is read and a plea (guilty, not guilty or no contest) is entered.
Pretrial resolution
A case can end in a plea to a reduced charge, in a diversion or deferred program where the state has one, in a trial, or in a dismissal, depending on the state and the facts.
Sentencing or trial
For a first offense, Colorado's statute provides jail of 5 days to 1 year, a fine of $600 to $1,000, and a license suspension of 9 months. See the penalties table above.
04Counties
Counties in Colorado
05Sources
Where Colorado's figures come from
- C.R.S. § 42-4-1301 (content.leg.colorado.gov)Main statute · BAC limit, age 21 and over · Higher BAC level · BAC limit under 21 · Lookback period · License hearing request · Ignition interlock, first offense · First offense: jail, minimum · First offense: jail, maximum · First offense: fine, minimum · First offense: fine, maximum · First offense: license · Second offense: jail, minimum · Second offense: jail, maximum · Second offense: fine, minimum · Second offense: fine, maximum · Second offense: license
Show the exact words behind each figureHide the exact words
- Main statute
C.R.S. § 42-4-1301
C.R.S. § 42-4-1301
42-4-1301. Driving under the influence - driving while impaired - driving with excessive alcoholic content - definitions - penalties.
- BAC limit, age 21 and over
0.08%
C.R.S. § 42-4-1301(2)(a)
BAC is 0.08 or more at the time of driving or within two hours after driving commits DUI per se.
- Higher BAC level
0.20%
C.R.S. § 42-4-1307(3)(b)
BAC was 0.20 or more at the time of driving or within two hours after driving shall be punished by imprisonment in the county jail for at least ten days but not more than one year;
- BAC limit under 21
0.02%
C.R.S. § 42-4-1301(2)(d)(I)
It is a class A traffic infraction for any person under twenty-one years of age to drive a motor vehicle or vehicle when the person's BAC, as shown by analysis of the person's breath, is at least 0.02 but not more than 0.05
- Lookback period
Lifetime
C.R.S. § 42-4-1307(5)(a)
Second offenses. (a) Except as otherwise provided in subsection (6) of this section, a person who is convicted of DUI, DUI per se, or DWAI who, at the time of sentencing, has a prior conviction of DUI, DUI per se, DWAI, vehicular homicide ... shall be punished by: (I) Imprisonment in the county jail for at least ten consecutive days but no more than one year
- License hearing request
7 days
C.R.S. § 42-2-126(7)(b)
A person must request a hearing in writing within seven days after the day the person receives the notice of revocation
- Ignition interlock, first offense
Required in some cases
C.R.S. § 42-2-132.5(1)(a)(I)
(a) The following persons shall hold an interlock-restricted license pursuant to this section for at least one year following reinstatement ...: (I) A person whose license has been revoked for excess BAC pursuant to the provisions of section 42-2-126 when the person's BAC was 0.15 or more at the time of driving or within two hours after driving or whose driving record otherwise indicates a designation of persistent drunk driver
- First offense: jail, minimum
5 days
C.R.S. § 42-4-1307(3)(a)(I)
Imprisonment in the county jail for at least five days but no more than one year, the minimum period of which shall be mandatory;
- First offense: jail, maximum
1 year
C.R.S. § 42-4-1307(3)(a)(I)
Same passage as above.
- First offense: fine, minimum
$600
C.R.S. § 42-4-1307(3)(a)(II)
A fine of at least six hundred dollars but no more than one thousand dollars, and the court shall have discretion to suspend the fine
- First offense: fine, maximum
$1,000
C.R.S. § 42-4-1307(3)(a)(II)
Same passage as above.
- First offense: license
9 months
C.R.S. § 42-2-125(1)(b.5)
In the case of a driver twenty-one years of age or older, been convicted of an offense described in section 42-4-1301 (1)(a) or (2)(a). Except as provided in section 42-2-132.5, the period of revocation based upon this paragraph (b.5) shall be nine months.
- Second offense: jail, minimum
10 days
C.R.S. § 42-4-1307(5)(a)(I)
Imprisonment in the county jail for at least ten consecutive days but no more than one year;
- Second offense: jail, maximum
1 year
C.R.S. § 42-4-1307(5)(a)(I)
Same passage as above.
- Second offense: fine, minimum
$600
C.R.S. § 42-4-1307(5)(a)(II)
A fine of at least six hundred dollars but no more than one thousand five hundred dollars, and the court shall have discretion to suspend the fine
- Second offense: fine, maximum
$1,500
C.R.S. § 42-4-1307(5)(a)(II)
Same passage as above.
- Second offense: license
1 year minimum
C.R.S. § 42-2-125(1)(g)(I) and (2)
Unless otherwise provided in this section, the period of revocation shall be not less than one year
06Related
Related pages
- CalculatorDUI License-Hearing WindowThe hearing request window listed for each state, counted from a date you enter.
Note: This page summarizes state statutes and published figures. It is general information, not legal advice, and it may be out of date or incomplete. Penalty ranges are statutory ranges; actual outcomes depend on the case. See the Disclaimer.