Federal law allows each state to determine what the penalties for driving under the influence should be. While most states have similar penalties for DUI offenses, there are still small discrepancies between each state. There are certain states that have stricter punishments for driving under the influence and others that are a little more lenient with DUI penalties. A 2016 study conducted by WalletHub has found that Colorado is the 17th-strictest state when it comes to DUI charges and penalties. According to this study, the states were ranked by the severity of their drunken driving penalties and preventative measure using a point system. Arizona ranked number one while South Dakota ranked last. So what makes DUI penalties and laws in other states different from Colorado’s?

When an individual is charged with a DUI, especially tourists, there can be a lot of misinformation surrounding penalties. Many tourists who come to Colorado on vacation and wind up with a DUI charge believe that Colorado has the same laws as their home state. Not only is this false, but it can severely affect the charged individual’s ability to fight their charges correctly. It’s important to know what is different about DUI charges and their penalties in Colorado, in order to fully understand what the charged individual is facing.

How Strict Are Colorado DUI Penalties?

While Colorado isn’t number one when it comes to which state has the strictest penalties, they do rank stricter than three-quarters of the other states. Therefore, while the punishment could be worse, DUI offenders in Colorado don’t have it easy either.

Having strict penalties for DUI convictions is something the general public wants, as the threat of strict penalties helps keep the roads safer. Occasionally, however, people are caught up in Colorado’s DUI laws because of their strictness, even when they do not deserve it. This is evident when viewing WalletHub’s rankings.

Despite ranking 20th among states in the penalties category, which compares factors such as jail time, fines, and repeated offense punishments, Colorado placed 4th in the prevention category. Sobriety checkpoints increased insurance rates after a DUI conviction, and a suspension of their driver’s license are all included in the prevention category. This shows that law enforcement in Colorado does not hesitate to target first-time offenders - as well as those who may not be guilty at all of driving under the influence - even though Colorado’s severe penalties are not as severe as other states. To better understand why Colorado has ranked relatively high in comparison to other states, we have to look at the specifics of Colorado DUI laws and penalties.

DUI Laws & Penalties In CO

There are two different criminal charges that can be assigned to an individual who has been found or suspected of driving under the influence. DWAIs are known as the lesser charge and stand for Driving While Ability Impaired, and DUI stands for Driving Under the Influence. These two different types of DUI charges have varying guidelines that must be met in order to legally charge an individual with either a DUI or DWAI.

Driving While Ability Impaired (DWAI)

The DWAI driving law in Colorado is unique and different from other states. In other states, if a driver has a blood alcohol content above .08% they are charged with a DUI. However, in Colorado driving with a blood alcohol content of .05% is considered to be illegal as well. Drivers who have blood alcohol levels below .08% and higher than .05% can be charged with a DWAI charge.

In essence, driving while ability impaired laws target drivers who are under the legal limit of .08% blood alcohol content, but are intoxicated either from drugs or alcohol. A DWAI charge carries fewer penalties than a DUI charge, but the latter is still considered a misdemeanor crime that can carry significant consequences. Depending on the circumstances surrounding the case, a driver may be fined, imprisoned, have their license suspended, or receive eight points on their driving record. In addition, if a driver is charged with future offenses, the DWAI will be taken into consideration, which can lead to increased penalties.

When charged with a DWAI in Colorado, the general penalties for a first-time offense are:

• Up to 180 days in jail
• Fines between $200 and $500
• Serve up to 48 hours of community service
• Lose license for at least 9 months
• Attend drug and alcohol counseling services

In addition to the above-mentioned penalties, many drivers will have a DWAI show up on their record. This can make it hard for the driver to obtain a job, housing, or additional educational opportunities in the future. Experienced DUI attorneys can provide guidance on how to deal with DWAI charges, including having them reduced or dropping them if necessary.

Driving Under the Influence

Drivers who are found to have a blood alcohol content over .08% in Colorado are charged with driving under the influence, just like in many other states. However, the penalties for being charged with a first-time DUI offense are stricter than ¾ of other states. Those who are convicted of a first-offense DUI can face penalties such as:

• A fine of up to $1,000
• Anywhere from 5 days to 1 year in jail
• Up to 96 hours of community service
• License revocation for 1 year
• Probation
• Drug and alcohol safety courses

Recently, Colorado has improved their penalties surrounding second and third DUI offenses. Those who are charged with a second offense DUI will face a 10-day minimum jail sentence, and those who have been charged with three or more DUIs will receive a minimum sentence of 60 days in jail. The maximum jail sentence for second and third DUI offenses is 1 year in jail, and they both have a maximum fine of $1,500.

Express Consent

The Colorado express consent law sometimes referred to as “implied consent”, is applicable in many other states. Simply put, when an individual obtains their driver’s license, they are given consent to have their breath, urine, and blood tested by the police if they have reasonable suspicion. If these tests are refused then the driver’s license will be suspended for one year. The second time a sobriety test is refused, the license will be suspended for two years.

If a driver is suspended under this penalty for one year, they can apply for a restricted license that requires an ignition interlock. Refusing the test a third time will result in loss of license for three years, with eligibility for the restricted license and interlock as mentioned above.