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FIRST OFFENSE - SENTENCING RANGE
DWAI
DRIVING WHILE ABILITY IMPAIRED
DWAI 1st OFFENSE PRESUMPTIVE JAIL MANDATORY JAIL PRESUMPTIVE  FINES PUBLIC SERVICE
BAC 0.199 OR LESS 2 Days - 6 Months (180 Days) None $200 - $500 Presumptive
and NO PRIORS all jail can be suspended all fines can be suspended 24-48 hours
with alcohol evaluation & + suspended sentence 1 year + persistent drunk driver surcharge Mandatory Minimum
alcohol education / therapy probation up to 2 years   24 hours
DWAI 1st OFFENSE PRESUMPTIVE JAIL MANDATORY JAIL PRESUMPTIVE  FINES PUBLIC SERVICE
BAC 0.20 OR GREATER 10 Days - 1 Year 10 Days $200 - $500 Presumptive
and NO PRIORS jail alternatives may be utilized no requirement consecutive all fines can be suspended 24-48 hours
with alcohol evaluation &
alcohol education / therapy
jailhouse policy may require
   serving consecutive sentence
+ persistent drunk driver surcharge
 
Mandatory Minimum
24 hours
  + suspended sentence 1 year    
  probation up to 2 years    
 
FIRST OFFENSE - SENTENCING RANGE
DUI  **  DEAC
  DRIVING UNDER THE INFLUENCE
 
 
  DRIVING WITH EXCESSIVE ALCOHOL CONTENT
0.08 or more grams of alcohol
per 100 ml of blood or 210 liters of breath
DUI OR DEAC 1st OFFENSE PRESUMPTIVE JAIL MANDATORY JAIL PRESUMPTIVE  FINES PUBLIC SERVICE
BAC 0.199 OR LESS 5 Days - 1 Year None $600 - $1,000 Presumptive
and NO PRIORS all jail can be suspended all fines can be suspended 48-96 hours
with alcohol evaluation & + suspended sentence 1 year + persistent drunk driver surcharge Mandatory Minimum
alcohol education / therapy probation up to 2 years   48 hours
DUI OR DEAC 1st OFFENSE PRESUMPTIVE JAIL MANDATORY JAIL PRESUMPTIVE  FINES PUBLIC SERVICE
BAC 0.20 OR GREATER 10 Days - 1 Year 10 Days $600 - $1,000 Presumptive
and NO PRIORS jail alternatives may be utilized no requirement consecutive all fines can be suspended 48-96 hours
with alcohol evaluation &
alcohol education / therapy
jailhouse policy may require
   serving consecutive sentence
+ persistent drunk driver surcharge
 
Mandatory Minimum
48 hours
  + suspended sentence 1 year    
  probation up to 2 years    
 
SECOND OFFENSE - SENTENCING RANGE
DWAI  **  DUI  **  DEAC
one prior conviction - DWAI, DUI, DEAC, DUR, or DARP
driving while ability impaired * driving under the influence of alcohol or drugs
driving with excessive alcohol content
driving under restraint * driving after revocation prohibited
 
conviction may have been in Colorado or any other jurisdiction
Prior Conviction PRESUMPTIVE JAIL MANDATORY JAIL PRESUMPTIVE  FINES PUBLIC SERVICE
More Than 5 Years Hence 10 Days - 1 Year 10 consecutive days $600 - $1,500 Presumptive
DWAI 2nd OFFENSE and jail alternatives may be utilized no credit for good time all fines can be suspended 48-120 hours
DUI 2nd OFFENSE and with alcohol evaluation & no credit for jailhouse trustee + persistent drunk driver surcharge Mandatory Minimum
DEAC 2nd OFFENSE alcohol education / therapy + suspended sentence 1 year   48 hours
    + probation minimum 2 years    
Prior Conviction PRESUMPTIVE JAIL MANDATORY JAIL PRESUMPTIVE  FINES PUBLIC SERVICE
Within 5 Years 10 Days - 1 Year 10 consecutive days $600 - $1,500 Presumptive
DWAI 2nd OFFENSE jail alternatives not available no credit for good time all fines can be suspended 48-120 hours
DUI 2nd OFFENSE and except as per below no credit for jailhouse trustee + persistent drunk driver surcharge Mandatory Minimum
DEAC 2nd OFFENSE   + suspended sentence 1 year   48 hours
    + probation minimum 2 years    

CRS 42-4-1307(5)(b).  ... a court may allow the person to participate in a program pursuant to section 18-1.3-106(1)(a) (II), (1)(a) (IV), or (1) (a) (V), C.R.S., only if the program is available through the county in which the person is imprisoned and only for the purpose of:

 

(I) Continuing a position of employment that the person held at the time of sentencing for said violation;

 

(II) Continuing attendance at an educational institution at which the person was enrolled at the time of sentencing for said violation; or

 

(III) Participating in a court-ordered level II alcohol and drug driving safety education or treatment program, as described in section 42-4-1301.3(3)(c) (IV).

 

CRS 42-4-1307(5)(c).  Notwithstanding the provisions of section 18-1.3-106(12), C.R.S., if, pursuant to paragraph (a) or (b) of this subsection (5), a court allows a person to participate in a program pursuant to section 18-1.3-106, C.R.S., the person shall not receive one day credit against his or her sentence for each day spent in such a program, as provided in said section 18-1.3-106(12), C.R.S.

 

 
THIRD OR SUBSEQUENT OFFENSE - SENTENCING RANGE
DWAI  **  DUI  **  DEAC
two or more prior convictions - DWAI, DUI, DEAC, DUR, or DARP
driving while ability impaired * driving under the influence of alcohol or drugs
driving with excessive alcohol content
driving under restraint * driving after revocation prohibited
 
each conviction may have been in Colorado or any other jurisdiction
Prior Offenses within Lifetime PRESUMPTIVE JAIL MANDATORY JAIL PRESUMPTIVE  FINES PUBLIC SERVICE
DWAI 3rd+ OFFENSE and 60 Days - 1 Year 60 consecutive days $600 - $1,500 Presumptive
DUI 3rd+ OFFENSE and jail alternatives not available no credit for good time all fines can be suspended 48-120 hours
DEAC 3rd+ OFFENSE except as per below no credit for jailhouse trustee Mandatory Minimum
  + suspended sentence 1 year + persistent drunk driver surcharge 48 hours
    + probation minimum 2 years    

CRS 42-4-1307(6)(a)(1).  ... a court may allow the person to participate in a program pursuant to section 18-1.3-106(1)(a) (II), (1)(a) (IV), or (1) (a) (V), C.R.S., only if the program is available through the county in which the person is imprisoned and only for the purpose of:

 

(A) Continuing a position of employment that the person held at the time of sentencing for said violation;

 

(B) Continuing attendance at an educational institution at which the person was enrolled at the time of sentencing for said violation; or

 

(C) Participating in a court-ordered level II alcohol and drug driving safety education or treatment program, as described in section 42-4-1301.3(3)(c) (IV).

 

CRS 42-4-1307(6)(b) Notwithstanding the provisions of section 18-1.3-106(12), C.R.S., if, pursuant to paragraph (a) or (b) of this subsection (5), a court allows a person to participate in a program pursuant to section 18-1.3-106, C.R.S., the person shall not receive one day credit against his or her sentence for each day spent in such a program, as provided in said section 18-1.3-106(12), C.R.S.




Three life time offenses, two yr. license revocation.
Three offenses within 7 yrs., 5 yr. license revocation.
License after one year with interlock.
Interlock required for one year after 2nd offense in 5 years.
nine month license revocation for first express consent action-interlock license after one month.
1 year license revocation for second express consent action or first refusal.

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