DWI/DUI - Drunk Driving Penalties And Fines In Colorado
| A comprehensive guide to drunk driving laws, penalties, fines and attorneys. |
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There are both criminal penalties (fines, imprisonment, and required
public service) and administrative penalties for drunk driving. Courts
impose criminal penalties, while the Colorado Department of
Revenue (the Department) imposes the administrative penalties.
Administrative penalties include "points" that are assessed against a
person's driver's license and the suspension or revocation of a
license due to the accumulation of points or the commission of
certain offenses. Sometimes a driver may reduce the criminal
penalties through a plea bargain in court or by undergoing alcohol or
drug treatment, but must still face administrative penalties assessed
by the Department. In most cases the Department cannot reduce or
bargain away these penalties. The following table summarizes the
offenses and the penalties for the driver as listed in sections
42-4-1301, 42-2-125, 42-2-126, and 42-2-127, Colorado Revised
Statutes:
1st DWAI (At least 0.05% but less than 0.08% blood alcohol content)
License Suspension/or Points: 3 months/8 points
Fine: $100-$500
Jail: 2 days - 180 days
Community Service: 24 hrs - 48 hrs
2nd DWAI (At least 0.05% but less than 0.08% blood alcohol content)
License Suspension/or Points: 1 months/8 points
Fine: $300-$500
Jail: 45 days - 1 year
Community Service: 48 hrs - 96 hrs
1st DUI (At least 0.08% blood alcohol content)
License Suspension/or Points: 3 months/12 points
Fine: $300-$1000
Jail: 5 days - 1 year
Community Service: 48 hrs - 96 hrs
2nd DUI (At least 0.08% blood alcohol content)
License Suspension/or Points: 1 year /12 points
Fine: $500-$1500
Jail: 90 days - 1 year
Community Service: 60 hrs - 120 hrs
DUI or DWAI under 21 years old (At least 0.02% but not in excess of
0.05% blood alcohol content)
License Suspension/or Points: 3 months /4 points
Fine: $15-$100
Jail: 90 days - None
Community Service: Up to 24 hours
DWAI with previous DUI
License Suspension/or Points: 1 year
Fine: $400-$1200
Jail: 90 days - 60 days to 1 year
Community Service: 52 to 104 hours
DUI with previous DWAI
License Suspension/or Points: 1 year
Fine: $450-$1500
Jail: 90 days - 70 days to 1 year
Community Service: 56 to 112 hours
Injury related DUI offenses are Felonies
Mandatory minimum fine is $390 for felony offenses.
Offence of Vehicular homicide is a strict liability - class 3 felony
Offence of Vehicular assault while under the influence is a class 4
felony
Fines:
a) Class 3 felony is a minimum of 4 years with a maximum of 12
years and a mandatory of 5 years with a $3000 to $750,000 fine.
b) Class 4 felony is a minimum of 2 years with a maximum of 6 years
and a mandatory of 3 years with a $2000 to $500,000 fine.
Please contact the state of Colorado or a DUI Lawyer for information
related to both felony and non-felony DUI cases.
public service) and administrative penalties for drunk driving. Courts
impose criminal penalties, while the Colorado Department of
Revenue (the Department) imposes the administrative penalties.
Administrative penalties include "points" that are assessed against a
person's driver's license and the suspension or revocation of a
license due to the accumulation of points or the commission of
certain offenses. Sometimes a driver may reduce the criminal
penalties through a plea bargain in court or by undergoing alcohol or
drug treatment, but must still face administrative penalties assessed
by the Department. In most cases the Department cannot reduce or
bargain away these penalties. The following table summarizes the
offenses and the penalties for the driver as listed in sections
42-4-1301, 42-2-125, 42-2-126, and 42-2-127, Colorado Revised
Statutes:
1st DWAI (At least 0.05% but less than 0.08% blood alcohol content)
License Suspension/or Points: 3 months/8 points
Fine: $100-$500
Jail: 2 days - 180 days
Community Service: 24 hrs - 48 hrs
2nd DWAI (At least 0.05% but less than 0.08% blood alcohol content)
License Suspension/or Points: 1 months/8 points
Fine: $300-$500
Jail: 45 days - 1 year
Community Service: 48 hrs - 96 hrs
1st DUI (At least 0.08% blood alcohol content)
License Suspension/or Points: 3 months/12 points
Fine: $300-$1000
Jail: 5 days - 1 year
Community Service: 48 hrs - 96 hrs
2nd DUI (At least 0.08% blood alcohol content)
License Suspension/or Points: 1 year /12 points
Fine: $500-$1500
Jail: 90 days - 1 year
Community Service: 60 hrs - 120 hrs
DUI or DWAI under 21 years old (At least 0.02% but not in excess of
0.05% blood alcohol content)
License Suspension/or Points: 3 months /4 points
Fine: $15-$100
Jail: 90 days - None
Community Service: Up to 24 hours
DWAI with previous DUI
License Suspension/or Points: 1 year
Fine: $400-$1200
Jail: 90 days - 60 days to 1 year
Community Service: 52 to 104 hours
DUI with previous DWAI
License Suspension/or Points: 1 year
Fine: $450-$1500
Jail: 90 days - 70 days to 1 year
Community Service: 56 to 112 hours
Injury related DUI offenses are Felonies
Mandatory minimum fine is $390 for felony offenses.
Offence of Vehicular homicide is a strict liability - class 3 felony
Offence of Vehicular assault while under the influence is a class 4
felony
Fines:
a) Class 3 felony is a minimum of 4 years with a maximum of 12
years and a mandatory of 5 years with a $3000 to $750,000 fine.
b) Class 4 felony is a minimum of 2 years with a maximum of 6 years
and a mandatory of 3 years with a $2000 to $500,000 fine.
Please contact the state of Colorado or a DUI Lawyer for information
related to both felony and non-felony DUI cases.
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