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Colorado law news from the Scanlan law offices


Wednesday, September 29, 2010

Changes to Colorado DUI Laws



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 offense2nd offense2nd within 5 yrs3rd or more
DUI, DUI per se, DWAI, Habitual User
Jail Time10 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 Service48-120 hrs(3)48-120 hrs(3)48-120 hrs(3)
Probationat least 2 yrs(6) (7) (8)at least 2 yrs(6) (7) (8)at least 2 yrs(6) (7) (8)
Additional Suspended Sentence1 yr1 yr1 yr
DUI, DUI per se, Habitual User
Jail5 days - 1 yr(1)    
Fine$600 - $1,000
Public Service48-96 hrs(3)
Probationup to 2 yrs
DUI, DUI per se, DWAI, Habitual User with BAC above 0.2
Jail10 days - 1 yr(2)
Fine$600 - $1,000
Public Service48-96 hrs(3)
Probationup to 2 yrs
Jail2 - 180 days(1)
Fine$200 - $500
Public Service24-48 hrs(3)
Probationup to 2 yrs
(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

Other costs
Crime Victim's Fund$33
Persistent Drunk Driver's Fund$100 - $500
Traumatic Brain Injury Trust Fund$20
Rural Subtance Abuse Fund$1 - $10
Attendance at Victim Impact Panelup to $25
Presentence report???
Evaluation and treatment programs???
Cost of public serviceup to $120
CRS 42-4-1307. Penalties for traffic offenses involving alcohol and drugs

Contact Circle Law to set up an appointment: John Scanlan