The provisions of Colorado drunk driving penalties apply differently in a DUI (driving under the influence) case and in a DWAI (driving while ability impaired) case. The state of Colorado has made certain driving actions illegal, such as driving with a BAC level of 0.08 or above in a dui case, driving with a BAC level between 0.05 and 0.07 in a DWAI case, driving by under 21 while in possession of alcohol, and driving by under 21 with a BAC level of 0.02 and above.
Refusal To Take Chemical Test
As Colorado is tourists attractions in Denver and with alcohol easily available there are implied consent laws apply in this state also, which means every driver must agree to take a chemical test of blood, urine, or breath if stopped under the suspicion of dui. Refusal to take the test for the first time will attract certain Colorado drunk driving penalties that include driving license suspension for one year. For a second time refusal, your driver license will be suspended for two years; you can apply for a restricted license after one year but you will be able to obtain even a restricted license only after getting an ignition interlock device installed in all your vehicles. A third-time refusal will result in three years of suspension of your driver license; restricted license may be issued after one year if you get the ignition interlock device installed in your vehicle.
First DWAI Conviction In Colorado
- It will be legally mandatory for you to participate in public service for at least twenty-four hours to a maximum of forty-eight hours.
- You will accumulate eight license points.
- Your driving license however will not be suspended.
- You will have to a minimum $200 as monetary fine; the maximum is $500.
- Jail imprisonment of at least 48 hours is mandatory. Depending upon the severity of the offense, the court may send you to jail for a maximum period of 180 days.
Second DWAI Conviction In Colorado
A second time conviction in a DWAI case will result in the following Colorado drunk driving penalties.
- Mandatory participation in public service for at least 60 hours to a maximum 120 hours
- You will accumulate tweleve license points.
- The court will suspend your driver license for twelve months.
- A minimum $1000 of monetary fine is mandatory; the maximum amount of money that can be charged as fine for a second time conviction in a DWAI case in Colorado is $1500.
- You will be sent to jail for at least ninety days. The maximum imprisonment period this time can be one year.
Third DWAI Conviction In Colorado
- You must participate in public service for at least forty-eight hours to ninety-six hours.
- You will accumulate eight license points.
- Your license will be suspended for twenty-four months.
- You will spend at least forty-five days in jail; the maximum imprisonment period is twelve months.
First DUI Conviction In Colorado
If you have been convicted in a dui case for the first time, the following Colorado drunk driving penalties will apply.
- Participation in public service for at least forty-eight hours to ninety-six hours.
- You will accumulate twelve license points.
- Your driving license will be suspended for nine months.
- Monetary fine ranges from $600 to $1000.
- Five days of jail term is mandatory; the maximum period you can be sent to jail for is one year. However, in most cases, the court offer an option to complete an Alcohol Treatment Program, in lieu of which, the jail term may be suspended.
Second DUI Conviction In Colorado
- Mandatory participation in public service for at least 60 hours to as long as 120 hours.
- You will accumulate twelve license points
- The court will suspend your driver’s license for twelve months. If the conviction has occurred within five years of the previous dui conviction, you must first get an ignition interlock device installed in your vehicle in order to be able to get your license reinstated after one year.
- You will have to pay at least $1000 (the maximum is $1500) as monetary fine.
- A minimum 90-days of jail term is mandatory; the maximum can be one year.
Third DUI Conviction In Colorado
A third time conviction in a dui case will attract the following Colorado drunk driving penalties.
- A minimum 56 hours of public service is mandatory; the maximum is 112 hours.
- You will accumulate twelve license points.
- Your driving license will be seized for two years; In order to get the same reinstated after two years, you must first get an ignition interlock device installed in your vehicle.
- You will be asked to pay a monetary fine of $900 to $1500.
- The imprisonment period ranges from seventy Days to twelve months.
A DUI Conviction With A Previous Record Of DWAI Conviction
There are specific provisions for how an individual must be punished if he/she gets convicted in a dui case with a previous record of DWAI conviction.
- 56 hours to 112 hours of public service
- You will be charged a monetary fine, somewhere between $900 and $1,500.
- You will have to spend at least 70 days in jail; the maximum imprisonment period in such cases is twelve months.
A DWAI Conviction With A Previous Record Of DUI Conviction
- 52 to 104 hours of public service
- You will be charged a monetary fine of at least $800; the maximum fine that can be charged in such cases is $1200.
- A jail term of at least 60 days, which can be extended up to one year, depending upon the severity of the offence#.
As you can see, after the introduction of several new changes (Colorado House Bill 1194 and Colorado House Bill 1166) in 2008, the Colorado drunk driving penalties have now become much stricter.