Second Offense DUI/DWI in Colorado

According to Colorado Drunk Driving Laws, it is prohibited to drive a vehicle while under the influence of alcohol or drugs or when a person's ability to drive is impaired by alcohol or drugs. The abbreviations for these offenses are DWAI (Driving While Ability Impaired) and DUI (Driving Under the Influence), respectively. Additionally, underage drinking and driving (UDD) is also prohibited under Colorado Law. A UDD refers to an individual under the age of 21 years driving with a breath alcohol content (BAC) of 0.02 but not more than 0.05 at the time of driving or within two hours after driving.

A second DUI in Colorado refers to an arrest for a DUI, DWAI, or UDD offense when the individual has a previous DUI-related conviction from any U.S. state or territory, regardless of when it occurred. Generally, DWAI, DUI, and UDD are subject to administrative and criminal penalties. However, second DUIs are taken more seriously with stricter administrative and criminal penalties, like points added to the offender's driver's record, longer jail time, higher fines, and longer public service hours.

These stricter penalties are in place to deter repeat offenses, as DUIs are a public hazard that can affect the driver, unsuspecting members of the public, and property.

Is a 2nd DUI a Felony in Colorado?

No. A 2nd-time DUI in Colorado is usually charged as a misdemeanor. However, if the offense caused serious injury or death, the prosecutor may charge the offender with vehicular assault (a Class 4 felony) or vehicular homicide (a Class 3 felony), depending on the circumstances.

What is the Lookback Period for a Second DUI in Colorado?

Colorado law does not limit the lookback period for a Second DUI. Consequently, regardless of how long ago (days, months, years, or decades) an individual committed their first DUI offense, it will still count towards their second offense. Additionally, DUI offenses committed in other U.S. states are also taken into consideration.

What Are The Aggravating Factors in a Second DUI?

Aggravating factors are determinants that make a DUI particularly egregious and warrant more severe punishments and consequences. Some aggravating factors for a second DUI in Colorado include, but are not limited to:

• Prior DUI convictions
• DUI resulting in injury or death
• Reckless driving and excessive speeding
• Committing a DUI with a minor(s) in the vehicle
• Excessively high Blood Alcohol Content (BAC)
• Driving with a suspended or revoked driver's license

What Happens If You Get a 2nd DUI/DWI in Colorado

Some penalties for getting a second DUI, DWAI, or UDD in Colorado include:

• Driver's license revocation for 12 months (for DUI and DWAI) and 6 months (for UDD).
• Getting points added to one's driving record (6 points for UDD, 8 points for DWAI, and 12 points for DUI).
• 60 days to 1 year imprisonment (for DUI and DWAI) and 10 to 90 days (for UDD).
• Fines of up to $1,500 (for DUI and DWAI) and $300 (for UDD).
• 48 to 120 hours of public service.
• 2 to 4 years of probation
• Installation of Ignition interlock devices
• Designation as a "Persistent Drunk Driver".

How Long Does a Second DUI Stay On Your Record in Colorado?

In Colorado, arrests and convictions for a second DUI permanently remain on an offender's record and count toward their subsequent offense. Additionally, adult DUI convictions are not eligible for expungement. However, individuals convicted of a DUI or UDD as juveniles may petition for expungement after turning 21, provided they have completed their sentence's terms and have no additional convictions.

Generally, DUI convictions on an individual's criminal record are public records. As a result, they show up when criminal background checks are conducted, which can impact employment opportunities and a person's ability to obtain housing and specific professional licenses.

How Much Does a Second DUI Cost in Colorado?

In Colorado, a second DUI is subject to a fine between $150 and $1,500. However, the fine for a DUI involving certain aggravating factors is significantly higher. For example, a DUI resulting in serious injury (vehicular assault) carries a fine ranging from $2,000 to $500,000, while a DUI resulting in death (vehicular homicide) is punishable by a fine between $3,000 and $750,000. Some other costs associated with getting a Second DUI include:

• Detox facility charges: $350
• Towing of your vehicle: $150
• License reinstatement fee: $95
• Penalty surcharges: up to $500
• Community service supervision fee: $75
• Supervision of two years' probation: $1200
• Auto insurance rate hikes and SR-22 for 3 years: around $4800
• Ignition interlock device installation and maintenance: $240 to $1440.

Chances of Going to Jail for a Second DUI in Colorado

According to Colorado Revised Statutes (C.R.S.) 42-4-1307(5), a second DUI or DWAI is punishable by 60 days to one (1) year jail sentence. However, if the offense involves aggravating factors, such as serious injury or death, the offender may face 2 to 6 years or 4 to 12 years of imprisonment, respectively.

Driver's License Suspension for a Second DUI in Colorado

If an individual is convicted of a second DUI or DWAI in Colorado, their driver's license will be suspended/revoked for a year. Similarly, individuals arrested for a second BAC test violation of 0.08 BAC or higher while driving are subject to a one-year license suspension. On the other hand, drivers under 21 convicted of a second UDD face a license revocation period of six (6) months.

Nonetheless, offenders whose license has been suspended due to a DUI offense in certain situations can apply for an interlock-restricted permit, provided the applicable wait time has been exhausted. These wait times include:

• Two (2) months (if they refused to take a chemical breath or blood test)
• One (1) year (if they were under the age of 21 at the time of the offense or chemical test refusal)

Ignition Interlock Device Requirement

An ignition interlock device (IID) restricts a vehicle from being operated by an individual who is under the influence of alcohol. Generally, the device is installed in an offender's vehicle and features a breathalyzer. Before operating the vehicle, the driver must breathe into the IID, and if it detects alcohol, it will disable the car engine. Periodically, the driver must also provide breath samples while driving.

Under Colorado Law, offenders who were arrested for a second DUI or refused to submit to chemical testing are required to have an IID installed on their vehicle for two (2) years. Furthermore, they must pay for IID installation and maintenance, which can cost between $240 and $1440.

DUI School and Substance Abuse Treatment

A court can order an individual to complete an Alcohol and Drug Education Treatment program due to a DUI. The program is structured into two levels. Level I consists of 12 hours of alcohol and drug education spanning three sessions. Meanwhile, level 2 consists of an alcohol and drug education and treatment program that comes in 4 tracks with varying specifications.

Probation Conditions

A second DUI is punishable by a mandatory two (2) to four (4) years of probation. One of the terms of probation includes monitored sobriety, which means the offender will be subject to random urine or breath testing throughout the term of the probation. Other terms include state-required alcohol and drug education and therapy, regular meetings with a probation officer, and community service.

Community Service Requirements

The community service requirement for a second DUI in Colorado is 48 to 120 hours. It must be served at a non-profit organization that provides a "useful public service" opportunity. According to C.R.S. 42-4-1301.4, "useful public service" means any work beneficial to the public and involves a minimum of direct supervision or other public cost. There are different options for community service, such as picking up trash, assisting at a homeless shelter, volunteering at a food shelter or an innovative food recovery organization, volunteering at an animal shelter, and cleaning public areas.

Impact on Auto Insurance

Most auto insurance companies use driving records to set insurance rates. Individuals with a DUI conviction are considered at higher risk for future accidents. As a result, insurers often assign higher premiums to these individuals to mitigate potential future claims. In some cases, the insurer may cancel the policy altogether, particularly if it was initially offered at a lower rate based on a clean driving record. Generally, annual car insurance rates in Colorado can increase by over 30% after a DUI.

Which Courts Handle DUI Cases in Colorado?

In Colorado, DUI cases can fall under the jurisdiction of Municipal, County, or District Courts. Municipal courts handle DUIs related to city law violations committed within cities in their respective municipalities. Meanwhile, DUIs that are considered traffic infractions are handled by county courts. On the other hand, the District Court hears criminal DUI cases, such as felony DUIs, such as DUIs that result in death or serious injury.

Below are the addresses and contact information of Courts in notable Colorado counties, such as Denver and El Paso County, that handle DUI cases:

Denver County District Court - Criminal Division
Lindsey-Flanigan Courthouse
520 West Colfax Avenue,
Room 135,
Denver, CO 80204
Phone: (720) 865-8301

Denver County Court - Criminal Division
Lindsey-Flanigan Courthouse
520 West Colfax Avenue,
Room 160,
Denver, CO 80204
Phone: (720) 337-0410

El Paso County District Court and County Court
El Paso County Judicial Building
270 South Tejon,
P.O. Box 2980,
Colorado Springs, CO 80901
Phone: (719) 452-5000
Fax: (719) 452-5006

Colorado Springs Municipal Court
224 East Kiowa Street,
Colorado Springs, CO 80903
Phone: (719) 385-5928

Besides court processes, DUI offenses are also subject to specific administrative processes. These administrative processes are handled by the Colorado Department of Motor Vehicles (DMV). Examples of these processes include but are not limited to, license revocation, reinstatement of driving privileges, and oversight of ignition interlock device installation.

Individuals are allowed to request a hearing with a DMV hearing officer and the arresting officer before their driving privileges are restricted due to a DUI. Interested persons can schedule a hearing through the MyDMV website. On the site, users can click on the Driver/ID Services tab and click on Request a hearing under Appointments and Hearings. More information about the aforementioned administrative process can be found on the Colorado DMV's DUI Administrative Process page.

Can You Get a DUI on a Horse in Colorado?

No. Colorado DUI laws only apply to vehicles and exclude horses and other animals people ride. As a result, riding a horse while drunk is not necessarily a DUI offense in Colorado.

Nonetheless, an individual may be charged with other crimes if caught riding a horse under the influence in Colorado. For instance, C.R.S. 42-4-805(3) prohibits individuals from being on any portion of a highway when they are under the influence of alcohol or any controlled substances. Violating this statute by riding a horse under the influence on a highway is a class B traffic infraction punishable by a small fine. Additionally, an individual may be charged with animal cruelty and reckless endangerment for riding a horse while under the influence of alcohol or controlled substances.