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FIRST OFFENSE - SENTENCING RANGE
DWAI |
| DRIVING WHILE ABILITY IMPAIRED |
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| 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 |
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all fines can be suspended |
24-48 hours |
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with alcohol evaluation & |
+ suspended sentence 1 year |
+ persistent drunk driver surcharge |
Mandatory Minimum |
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alcohol education / therapy |
probation up to 2 years |
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24 hours |
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| 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 |
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with alcohol evaluation &
alcohol education / therapy |
jailhouse policy may require
serving consecutive sentence |
+ persistent drunk driver surcharge
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Mandatory Minimum
24 hours |
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+ suspended sentence 1 year |
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probation up to 2 years |
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FIRST OFFENSE - SENTENCING RANGE
DUI ** DEAC |
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DRIVING UNDER THE INFLUENCE
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DRIVING WITH EXCESSIVE ALCOHOL CONTENT
0.08 or more grams of alcohol
per 100 ml of blood or 210 liters of breath |
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| 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 |
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all fines can be suspended |
48-96 hours |
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with alcohol evaluation & |
+ suspended sentence 1 year |
+ persistent drunk driver surcharge |
Mandatory Minimum |
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alcohol education / therapy |
probation up to 2 years |
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48 hours |
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| 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 |
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with alcohol evaluation &
alcohol education / therapy |
jailhouse policy may require
serving consecutive sentence |
+ persistent drunk driver surcharge
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Mandatory Minimum
48 hours |
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+ suspended sentence 1 year |
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probation up to 2 years |
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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
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| conviction may have been in Colorado or any other jurisdiction |
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| 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 |
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48 hours |
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+ probation minimum 2 years |
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| 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 |
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+ suspended sentence 1 year |
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48 hours |
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+ probation minimum 2 years |
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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:
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(I) Continuing a position of employment that the person held at the time of sentencing for said violation;
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(II) Continuing attendance at an educational institution at which the person was enrolled at the time of sentencing for said violation; or
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(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).
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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.
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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
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| each conviction may have been in Colorado or any other jurisdiction |
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| 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 |
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Mandatory Minimum |
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+ suspended sentence 1 year |
+ persistent drunk driver surcharge |
48 hours |
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+ probation minimum 2 years |
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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:
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(A) Continuing a position of employment that the person held at the time of sentencing for said violation;
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(B) Continuing attendance at an educational institution at which the person was enrolled at the time of sentencing for said violation; or
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(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).
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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.
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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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Ten Mistakes
How to avoid the 10 biggest mistakes most people make after being arrested for DUI.
What Happens After A DUI DWAI Arrest?
There are usually both Motor Vehicle and Court Proceedings to which you must attend. Do not let your rights expire by inaction.
Case Tips
53 Things YOU Need to Know about Your DUI Case that NO ONE is Telling YOU
Police Mistakes
Mistakes the police make . . . and how they can help you.
Lawyer Mistakes
The Top 10 Mistakes Lawyers Make in Drunk Driving Cases. . . And How To Avoid Them
Rights in a Colorado DUI
It is very important to understand them.
Calculate Your Blood Alcohol Content
It makes a difference.
Colorado DUI Penalties
What you are facing. Get Out of Jail cards are not free.
What Can I Do to Save My License?
Fight to save your license! If you drive after losing your license, you face substantial penalties.
Finding Places
Maps, addresses, phone numbers. Where to request a DMV hearing to fight to save your license.
Challenges
There are many possible challenges that can be made to the charges you are facing.
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