You didn’t plan the night ending with a sobriety test from a state trooper. Maybe you had a couple of drinks in LoDo, hit a dispensary in Boulder, or left a BBQ in Glenwood Springs, thinking you were fine to drive. But now you’re facing DUI charges, and your mind is spinning, wondering what penalties you’re looking at.
In this post, we’ll explain Colorado’s driving under the influence laws, penalty levels, when a DUI becomes a felony, and how an experienced defense strategy could help protect your rights and future.
Colorado DUI Laws at a Glance
In Colorado, it’s illegal to operate a motor vehicle with a blood alcohol content (BAC) of 0.08% or higher or while alcohol, drugs, or a combination of both impair your ability to drive. That includes marijuana. Even though recreational cannabis is legal in Colorado, driving under its influence is not.
In Colorado, DUI charges are categorized as misdemeanors or felonies based on several factors:
- Whether you had a DUI in the past,
- Whether the offense resulted in injury or death, and
- Any aggravating circumstances, such as having a minor in the vehicle or a very high BAC.
Below, we break down the penalty for a DUI in Colorado by level of severity.
Serious Consequences of a First DUI in Colorado
Typically, for a first offense, the prosecutor will charge your DUI as a misdemeanor. However, the consequences are far from minor:
- Jail time—you can get 5 days to 1 year in jail, although judges often suspend jail if you comply with probation terms;
- Fines and fees—ranging from $600 to $1,000 plus court costs;
- Community service—between 48 and 96 hours;
- License revocation—up to nine months;
- Education—judges often impose probation that includes alcohol education classes; and
- Ignition interlock—this device measures your BAC before allowing you to turn on your car.
These penalties can increase based on your BAC level or other factors. Even as a misdemeanor, a first DUI conviction can lead to job loss, professional consequences, and significant personal stress. It’s also the start of a criminal record that can follow you around for years.
Second DUI: Harsher Penalties and Less Flexibility
If you’re arrested for DUI a second time, the court will no longer treat it like a one-time mistake. Colorado imposes mandatory jail time and stricter probation requirements for second-time offenders:
- Ten days to 1 year of compulsory jail time;
- Fines of up to $1,500;
- License revocation for a year, with longer ignition interlock requirements;
- Substance abuse evaluation and recommended treatment programs; and
- Probation of up to 4 years in some cases.
The court will also look at the timing of your prior DUI. The penalties may be even more severe if it happened within the past 5 years.
Third DUI in Colorado: Elevated Penalties and Pressure
A third DUI conviction significantly increases the legal and personal consequences. You’re facing a mandatory minimum of 60 days in jail, with the possibility of up to a year behind bars. Financial penalties rise as well. Fines and court costs can exceed $2,000, not including fees for treatment, ignition interlock, or probation supervision.
The Colorado DMV will revoke your license for at least 2 years. If you regain driving privileges, you’ll likely need to install and maintain an ignition interlock device for an extended period. Courts often impose strict probation terms, substance abuse treatment, and frequent check-ins, creating a day-to-day burden that’s difficult to manage alone.
Fourth DUI in Colorado: When a DUI Becomes a Felony
Once you reach a fourth or subsequent DUI, the stakes shift dramatically. Under Colorado law, a fourth DUI offense is a Class 4 felony. That means you could face up to 6 years in state prison—not county jail—and fines ranging from $2,000 to $500,000.
So, is a DUI a felony? Not always, but if it’s your fourth offense, it almost certainly will be.
Marijuana DUI: Same Rules, Different Substance
Colorado law considers driving under the influence of marijuana a serious offense. You can be charged with a DUI even if your THC levels are below the five nanograms per milliliter legal limit, as impairment by THC is the determining factor. Because THC affects individuals differently, law enforcement prioritizes observed behavior and roadside sobriety tests over bloodwork in such cases.
Even if you feel capable of driving, you could face penalties similar to those for an alcohol-related DUI, including license suspension and jail time.
Long-Term Consequences of a DUI Conviction
The consequences of a DUI conviction don’t stop at court dates and fines. It can cost you your job, spike your insurance rates, and create roadblocks in housing or credit applications. A DUI conviction results in a permanent criminal record and might affect your ability to vote, own firearms, find housing, and keep or obtain employment. Out-of-state consequences may follow, too, since Colorado reports DUI convictions to the National Driver Register.
But how long does a DUI stay on your record? An adult DUI stays on your criminal history permanently, as Colorado does not allow expungement or sealing in the vast majority of DUI cases. There are very limited exceptions, and your lawyer can help you know if they are applicable. Furthermore, a DUI remains for at least 10 years on your driving record.
Defending a DUI Charge in Colorado
Don’t simply accept a DUI charge—challenge it. There are various strategies to contest your case, depending on the specifics, such as:
- Improper traffic stop—police need legal justification to pull you over;
- Faulty breathalyzer or blood test—equipment must be calibrated, and correct procedures followed;
- Medical conditions—certain health issues can resemble impairment; and
- Unlawful arrest or rights violations—your lawyer can petition the judge to suppress evidence if law enforcement violated your constitutional rights.
These defenses require detailed analysis, legal knowledge, and a proactive strategy tailored to your case.
Start Building Your Defense with Mark S. Rubinstein, P.C.
Bringing over 30 years of criminal law experience in Colorado, I personally and comprehensively handle DUI cases. You won’t be handed off to an assistant or associate. From our first conversation, I’ll assess the facts, explain your rights, and build a plan that gives you the best chances of protecting your future. Whether you’re facing your first DUI or fighting a felony charge, I take the time to understand your story and fight for the best possible outcome.
Being charged with DUI is frightening, but you don’t have to face it alone. A well-crafted defense strategy can make all the difference. I’ve helped many Coloradans reclaim control after a DUI arrest, and I’m ready to help you do the same. If you’ve been charged with DUI, don’t wait. Contact at 970-319-3306 to speak directly with Mark S. Rubinstein, P.C. and take the first step toward protecting your rights and your future.
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