Colorado DUI Laws

Denver DUI laws
Sections 42-4-1301, 42-4-1307, 42-2-125, 42-2-126, and 42-2-127 of the Colorado Revised Statutes list the criminal and administrative punishments for conviction in the tables below. For drunk driving, there are both administrative and criminal sanctions (fines, court fees, incarceration, mandatory community service, required alcohol education and treatment, etc.).

The Colorado Department of Revenue levies administrative penalties; courts impose criminal punishments. Due to the accumulation of enough points imposed for all sorts of offences or the conviction of certain alcohol-related offenses, administrative sanctions include the suspension or revocation of driving privileges. There are several nuances in the state legislation and regulations that are not covered in this summary.


Offense Jail Term Range Mandatory Jail Maximum Jail Period of Probation Fines Public Service
1st DWAI 2 days – 180 days None 180 days Up to 2 years $200 – $500 24 – 48 hours
1st DUI 5 days – 1 year None 1 year Up to 2 years $600 – $1,000 48 – 96 hours
2nd Offense – outside of 5 years 10 days – 1 year 10 days 2 years 2 – 4 years $600 – $1,500 48 – 120 hours
2nd Offense – within 5 years 10 days – 1 year 10 days consecutive 2 years 2 – 4 years $600 – $1,500 48 – 120 hours
3rd or Subsequent Offense 60 days – 1 year 60 days consecutive 2 years 2 – 4 years $600 – $1,500 48 – 120 hours
1st UDD None None None None $100 Up to 24 hours
DUR Alcohol 30 days – 1 year 30 days 1 year None $500 – $1,000 None
1st Alcohol Conviction with a BAC >.200 10 days – 1 year 10 days 1 year Up to 2 years $600 – $1,000 48 – 96 hours

*This table provides a summary of frequently asked questions and potential sanctions. It does not represent the official stance of Criminal Law Matters Law Firm. in legal matters and does not bind any of its employees. Its goal is to give a broad overview of Colorado law as at the time it was written. Anyone in need of legal counsel should speak with us directly and not only depend on the data in the aforementioned table.

DUI Penalties


In Colorado, you may be subject to administrative sanctions in addition to possible criminal sanctions if you are found guilty of DUI. The Department of Revenue’s Division of Motor Vehicles imposes administrative fines. The DMV is pursuing your driving privileges administratively.

The amount of prior administrative and criminal convictions you have, as well as the current number of points on your driving record, all affect the potential consequences for DUI offenses. Based on the type of offense and priors, the administrative sanctions listed above are summarized. Please get in touch with a Denver DUI attorney at Criminal Law Matters to chat with one of our representatives personally for further information on the potential punishments for your specific circumstance.

Questions We Can Answer


Can I beat my DUI?


What are my next steps?


What should I expect after a first-time arrest?


What happens if I refuse a breath test?


What can a DUI lawyer do for me?

FREE Consultation

As an experienced DUI attorney in Denver, I want your decision to engage with my office to seem straightforward. I carefully explain to you what to expect during the process and take the time to explain the details of your case, your options for defending yourself, and the likely result. My customers can feel secure knowing their case is in a strong, skilled hands thanks to our tailored approach.

Colorado Drunk Driving Laws


Blood or breath test in Colorado

Although DUI or DWAI can be established through other ways, blood or breath tests are frequently used in the enforcement of drunk driving statutes. If a blood or breath test reveals a blood alcohol level that is greater than 0.05 but less than 0.08, the individual is assumed to have been DWI.  If a blood or breath test reveals a blood alcohol level of at least 0.08, the subject is assumed to be guilty of DUI. If the test reveals a blood alcohol level of at least 0.17, the person may be labeled a persistent drunk driver and subject to harsher punishments.

Trusted, Transparent, and Honest DWI/DUI Defense

We are committed to offering aggressive, original, and compassionate defense in DWI/DUI cases throughout Colorado.  We’ll provide you clarity on the procedure and reassurance about what to anticipate. We’ll make sure all of your inquiries are addressed and that you leave the call with a clear understanding of the course of action for your particular case. You can rely on us for assistance with DWI/DUI defense, refusal hearings, administrative hearings, car seizures, and DWI/DUI appeals.  Call us today for a Free Consultation.

DUI and DWI Lawyers 


Even if convicted on a first offense, driving under the influence (DUI) or while drunk (DWI) carries severe consequences.  DUI charges in Colorado can be difficult to deal with, but you don’t have to go through it alone. Experienced Colorado DUI attorneys at Criminal Law Matters Law Firm aggressively defend clients accused of drunk driving violations. Our knowledgeable CO criminal defense lawyers are committed to defending the rights of our clients and have the necessary legal expertise to give you the best result.

Office Hours

Daily – 24/7

Payment Plans Available

Holidays – Open 24/7


Contact Info

44 Cook Street, Suite 100, Denver, Colorado 80206

(720) 736-8601