New Drunk Driving Laws Take Effect Today
Colorado has updated the State's drunk driving laws, effective July 1, 2010.
The Legislature has updated the State's penalties for drunk driving. The Legislature simplified what was a very complex matrix of penalties.
The new penalties are still complex, but more standardized.
In particular, the Legislature combined penalties for all second offenses, regardless of whether DUI or DWAI, into a single section. The Legislature also added penalties for multiple offenses within a five year period and for more than two drunk driving offenses. Some penalties increased and some decreased.
The legislature also now encourages courts to require ignition interlocks for two or more convictions.
The following table identifies the new drunk driving penalties:
| Drunk Driving Penalties (as of July 1, 2010) | ||||||||
| 1st offense | 2nd offense | 2nd within 5 yrs | 3rd or more | |||||
| DUI, DUI per se, DWAI, Habitual User | ||||||||
| Jail Time | 10 days - 1 yr | (2) (4) | 10 days - 1 yr | (4) (5) | 60 days - 1 yr | (4) (5) | ||
| Fine | $600 - $1,500 | $600 - $1,500 | $600 - $1,500 | |||||
| Public Service | 48-120 hrs | (3) | 48-120 hrs | (3) | 48-120 hrs | (3) | ||
| Probation | at least 2 yrs | (6) (7) (8) | at least 2 yrs | (6) (7) (8) | at least 2 yrs | (6) (7) (8) | ||
| Additional Suspended Sentence | 1 yr | 1 yr | 1 yr | |||||
| DUI, DUI per se, Habitual User | ||||||||
| Jail | 5 days - 1 yr | (1) | ||||||
| Fine | $600 - $1,000 | |||||||
| Public Service | 48-96 hrs | (3) | ||||||
| Probation | up to 2 yrs | |||||||
| DUI, DUI per se, DWAI, Habitual User with BAC above 0.2 | ||||||||
| Jail | 10 days - 1 yr | (2) | ||||||
| Fine | $600 - $1,000 | |||||||
| Public Service | 48-96 hrs | (3) | ||||||
| Probation | up to 2 yrs | |||||||
| DWAI | ||||||||
| Jail | 2 - 180 days | (1) | ||||||
| Fine | $200 - $500 | |||||||
| Public Service | 24-48 hrs | (3) | ||||||
| Probation | up to 2 yrs | |||||||
| Notes: (1) Minimum may be suspended. (2) House arrest or work release ok. (3) Minimum cannot be suspended. (4) No good credit allowed during minimum. (5) No house arrest. Only limited work release. (6) Level II alcohol and drug driving safety education or treatment program (7) May add additional 2 yrs probation. (8) May require ignition interlock and/or alcohol monitoring during probation. Note: Courts are encouraged to require ingnition interlocks |
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