The criminal penalties for a DUI are created by the Legislature and enforced by the Colorado Judicial Branch – the Courts. Your DUI case will be submitted to the local district attorney’s office, which will prosecute the case. When you are arrested for a DUI, you will receive a Uniform Summons and Complaint (Summons), which starts your court process. You will be required to appear in court and enter a plea. If you plead guilty, the court will determine fines and penalties at that time, including jail time or probation and community service.
Fines and Penalties
The court will issue criminal penalties when there are no other felony charges. Penalties may vary and are determined by the court.
Offense | Jail | Fines | Community Service |
---|---|---|---|
1st DWAI | 2-180 days | $200-500 | 24 -48 hours |
1st DUI | 5 days – 1 year | $600-1000 | 48-96 hours |
DWAI or DUI with one previous DWAI or DUI | 10 days -1 year | $600-1500 | 48-120 hours |
DWAI or DUI with two previous DWAIs or DUIs | 60 days – 1 year | $60-1500 | 48-120 hours |
Fourth DUI (Class 4 Felony) | 90-180 days 2-6 years prison |
$2000-500,000 | 48-120 hours |
Additional Fees
You may also be required to pay the following fees:
Victim Assistance Fund | $78 (or up to 37% of DUIfine, see table above, whichever is higher) |
Victim Compensation Fund | $33 |
Alcohol Treatment Evaluation | $200 |
Law Enforcement Assistance Fund | $90 |
Brain Injury Fund | $20 |
Persistent Drunk Driving Surcharge | $100-$500 |
Court Costs | $21 |
Court Security Fund | $5 |
Genetic Testing Surcharge | $2.50 |
Useful Public Service | Up to $120 |
Probation Supervision Fees | $50 per month |
Rural Alcohol and Substance Abuse Fund | $1-$10 |
Victim Impact Panel | Up to $50 |
There are other costs you can expect after a DUI. While these are not assigned by the court, they are common consequences of impaired driving. See why the average DUI in Colorado is $13,530.
Education And Treatment
Both the DMV and the Court will require you to complete alcohol and drug education and treatment in order to fully reinstate your driving privileges. You will be required to complete a set number of hours for both education and treatment. Those hours must be completed over the course of a minimum time period. As an example, if you were assigned to Track A in the grid below, you would not be able to complete your 42 treatment hours in fewer than 21 weeks.
Track | Prior DUI? |
BAC | Total Education & Treatment (hours, period) |
Length of Treatment (hours) |
Minimum Treatment Period (weeks) |
Length of Education (hours) |
Minimum Education Period |
---|---|---|---|---|---|---|---|
A | No | < .15 | 66 hours, 8 months |
42 | 21 | 24 | 12 |
B | No | ≥.15 or Refusals | 76 hours, 9 months |
52 | 36 | 24 | 12 |
C | Yes | < .15 | 92 hours, 11 months |
68 | 34 | 24 | 12 |
D | Yes | ≥ .15 or Refusals |
110 hours, 13 months |
86 | 43 | 24 | 12 |