Colorado DUI Laws: BAC Limits, Penalties and License Revocation
A DUI arrest in Colorado starts two cases at once: an administrative case over your license at the DMV and a criminal case in court. Below are the numbers that decide both, with their statutes.
Figures follow the General Assembly’s Office of Legislative Legal Services summary (last revised October 29, 2024) and current statute text, checked September 26, 2026.
How Colorado Defines Impaired Driving
DUI means impairment to the point you could not safely drive; DWAI, impairment to the slightest degree. BAC sets the inferences drawn under C.R.S. § 42-4-1301.
| Offense | Threshold | What it means | Statute |
|---|---|---|---|
| DUI per se | 0.08 or more | An offense on its own, whatever the driving looked like. | C.R.S. § 42-4-1301(2)(a), (6) |
| DWAI (permissible inference) | More than 0.05, less than 0.08 | Permits an inference of impairment. At 0.05 or below the driver is presumed not under the influence. | C.R.S. § 42-4-1301(6) |
| Under 21 (UDD) | At least 0.02, not more than 0.05 | Within two hours of driving. A separate offense for drivers under 21. | C.R.S. § 42-4-1301(2)(d) |
| Commercial driver (excess BAC CDL) | 0.04 or more | While driving a commercial motor vehicle. | C.R.S. § 42-2-126(2)(c) |
| Marijuana (THC) | 5 ng/mL or more of delta-9 THC in whole blood | Permits an inference of drug impairment. There is no “any amount” THC rule. | C.R.S. § 42-4-1301(6)(b)(III) |
Facing a marijuana or prescription-drug DUI? See our page on drug DUI (DUID) in Colorado.
Criminal Penalties by Offense Count
Statutory ranges under C.R.S. §§ 42-4-1301 and 42-4-1307; the bottom of each jail range is the statutory minimum.
| Offense | Class | Jail | Fine | Community service |
|---|---|---|---|---|
| First DWAI | Misdemeanor | 2 days to 180 days | $200 to $500 | 24 to 48 hours |
| First DUI or DUI per se | Misdemeanor | 5 days to 1 year | $600 to $1,000 | 48 to 96 hours |
| DUI or DWAI with one prior | Misdemeanor | 10 days to 1 year | $600 to $1,500 | 48 to 120 hours |
| DUI or DWAI with two priors | Misdemeanor | 60 days to 1 year | $600 to $1,500 | 48 to 120 hours |
| DUI or DWAI with three or more priors | Class 4 felony | 2 to 6 years in prison, then 3 years of mandatory parole | $2,000 to $500,000 | 48 to 120 hours if sentenced to probation |
Facing a first arrest? See our first-offense DUI page for the full penalty picture.
When DUI becomes a felony
A DUI, DUI per se or DWAI is a class 4 felony when it follows three or more prior convictions, from separate criminal episodes, for any combination of DUI, DUI per se, DWAI, vehicular homicide or vehicular assault, including out-of-state equivalents, with no lookback period (C.R.S. § 42-4-1301(1)(a), (1)(b), (2)(a)).
More on felony DUI, including why prison is not mandatoryLicense Revocation: Three Separate Ladders
A revocation, not a suspension (the reinstatement rules differ), imposed by the DMV under C.R.S. § 42-2-126 separately from the criminal case. A third DUI or DWAI within seven years adds a mandatory five-year habitual traffic offender revocation (C.R.S. § 42-2-202).
Excess BAC: 0.08 or more
- First: 9 months
- Second: 1 year
- Third or later: 2 years
Refusal to test
- First: 1 year
- Second: 2 years
- Third or later: 3 years
Under 21 (UDD): 0.02 to 0.05
- First: 3 months
- Second: 6 months
- Third or later: 1 year
Request the hearing in writing within seven days of receiving the notice, or the revocation takes effect with no hearing. See our page on the DMV Express Consent hearing for how that process works.
Persistent Drunk Driver, Interlock and SR-22
The consequences that outlast the revocation
Persistent drunk driver (PDD)
Under C.R.S. § 42-2-132.5 a driver is a persistent drunk driver if any one of these applies:
- A BAC of 0.15 or more on a single offense
- A conviction or revocation for two or more alcohol-related driving violations
- Driving after a restraint imposed for a prior alcohol-related offense
- Refusing a test
A PDD must complete Level II alcohol treatment and hold an interlock-restricted license for at least two years after reinstatement.
Interlock and SR-22 today
An ignition interlock is required on the PDD track and for early reinstatement on most revocations; it is not yet a flat rule for every first DUI (see HB26-1242 below).
After a revocation under C.R.S. § 42-2-125 or § 42-2-126, the DMV will not reinstate until you file and maintain proof of financial responsibility (SR-22) for three years (C.R.S. §§ 42-7-406(1), 42-7-408(1)(b)).
What Happens After a Colorado DUI Arrest
Six steps, two courts, one seven-day deadline
The stop and the test
Under Express Consent (C.R.S. § 42-4-1301.1), every driver has agreed to a blood, breath, saliva or urine test when an officer has probable cause for DUI or DWAI. Refusing is grounds for revocation by itself and can be used at trial.
Notice of revocation: seven days
A result of 0.08 or more, or a refusal, brings a notice of revocation. Request an Express Consent hearing in writing within seven days after receiving it (C.R.S. § 42-2-126), or the revocation takes effect with no hearing.
The DMV hearing
The hearing decides only your driving privilege. It is separate from the criminal case and is often the first close look at the stop, the test and the paperwork.
The criminal case
Misdemeanor DUI and DWAI are heard in county court, felony DUI in district court; in Arapahoe County both sit at the Justice Center, 7325 S. Potomac Street, Centennial. A DUI charge generally cannot be pleaded down to a non-alcohol traffic offense without a good-faith prosecutorial representation that the evidence does not support it (C.R.S. § 42-4-1301(4)).
Sentencing conditions
The sentence includes an alcohol and drug evaluation and a Level I or Level II education or treatment program (C.R.S. § 42-4-1307); repeat offenders complete Level II. A third or later offense also carries at least 90 days of continuous alcohol monitoring unless the court finds it is not in the interest of justice or no device is available.
Getting the license back
Reinstatement requires an SR-22 kept for three years and, on the PDD track or for early reinstatement, an ignition interlock (details above).
What Changed in 2026
Three bills signed this year
In effect August 12, 2026
SB26-132 (“Magnus’s Law”): a voluntary breath test after a serious crash
Signed June 4, 2026. Officers must offer a voluntary preliminary breath test to a driver in a crash causing death or serious bodily injury when they lack probable cause under Express Consent.
In effect September 1, 2026
SB26-072: vehicular homicide and assault penalties
Signed May 28, 2026. Adds a class 5 felony for vehicular criminally negligent homicide and repeals the misdemeanor traffic provision it replaces.
Takes effect June 1, 2027
HB26-1242: an interlock for every first offense
Signed May 28, 2026, not yet in force. For qualifying revocations on or after June 1, 2027, first-time DUI and drugged-driving offenders must install an interlock and hold an interlock-restricted license for nine consecutive months after reinstatement. It also removes the two-month wait before applying for early reinstatement with an interlock and expands interlock financial assistance.
Colorado DUI Law FAQs
Straight answers, with the statute they come from
Arrested for DUI in Colorado?
The seven-day hearing deadline is not flexible. Our office is in Greenwood Village; the consultation is free.
This page is general information, not legal advice for your situation.