Penalties for a Second DUI in Colorado

The penalties for driving while under the influence (DUI) in the State of Colorado are severe. However, if you are charged a second time with a DUI in Colorado, the penalties will increase substantially. Here are some commonly asked questions regarding the penalties for a second DUI conviction in Colorado.

What are the Second DUI Penalties?

A second DUI conviction in the State of Colorado is still considered a misdemeanor. However, if any bodily injury or death occurs due to an accident while a driver is under the influence of drugs or alcohol, the charge will become a felony.

The penalties for a second DUI may include up to one year in jail, fines up to $1,500, suspension of driver’s license for one year, community service up to 120 hours, probation up to four years, and the requirement to attend education (either alcohol or drug) classes.

It is important to note that jail time is mandatory for a second DUI conviction. Additionally, a driving under the influence charge includes both intoxications from alcohol as well as driving under the influence of marijuana. While Colorado has made recreational use of marijuana legal, there is a presumption that a driver is under the influence of marijuana if tests reveal five nanograms or more of THC in a person’s system.

How Long Does the State of Colorado Look Back Regarding DUIs?

There is no limit to the amount of time the State of Colorado looks back with reference to DUIs. This means that if you were convicted of a DUI decades ago, the state will still consider that a prior DUI. However, if there is a substantial period between DUIs, a judge may grant more leniency with respect to sentencing. Visiting with an experienced defense attorney can help ensure your legal rights are protected.

Do DUIs in Other States Count?

Yes. Any DUI in any other state at any other time will count as a prior DUI charge for purposes of charging and sentencing in the State of Colorado.

Is There Any Way to Get My Driver’s License Back Earlier Than One Year?

Yes. If you serve a minimum of one-month revocation of your license and need to drive to either work or school, you must complete an application for reinstatement, pay the reinstatement filing fee, provide an SR-22 which is a form from an automobile insurance company, complete (or enroll) in a Level II Alcohol or Drug Education and Treatment class, and have an ignition interlock device installed on your car for two full years.

Contact an Experienced DUI Defense Attorney

If you are facing a second DUI charge in the State of Colorado, you need to immediately contact an experienced DUI defense attorney to help you build a strong defense. Contact the experienced criminal defense attorneys at The Moorhead Law Group at 303-447-1400 or online today for a free consultation to discuss your legal options.


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