First-Offense DUI in Colorado: What Actually Happens Next
It is the middle of the night, you have never been arrested before, and you have no idea what a first DUI actually costs. Below are the real numbers, not the worst-case rumors: the jail range, the fine, the license consequence, and the trap that turns a "first" DUI into something worse.
Figures follow current Colorado statute text and the General Assembly's own summary, checked September 26, 2026.
The First-Offense Penalty Range
The jail figure on the left is a mandatory minimum, not a suggestion — the court cannot go below it, though it can suspend part of the sentence to probation.
| Offense | Jail | Fine | Community service | Statute |
|---|---|---|---|---|
| First DWAI | 2 to 180 days | $200 to $500 | 24 to 48 hours | C.R.S. §§ 42-4-1301, 42-4-1307 |
| First DUI or DUI per se | 5 days to 1 year | $600 to $1,000 | 48 to 96 hours | C.R.S. §§ 42-4-1301, 42-4-1307 |
| First DUI or DUI per se, BAC 0.20 or more | 10 days to 1 year | $600 to $1,000 | 48 to 96 hours | C.R.S. § 42-4-1307(3)(b), (4)(b) |
The 0.20 trap most people do not expect
A first DUI, DUI per se or DWAI where your BAC was 0.20 or more at the time of driving, or within two hours after, carries a mandatory minimum of 10 days in jail rather than the usual 5-day floor for DUI (C.R.S. § 42-4-1307(3)(b), (4)(b)). That is separate from the "persistent drunk driver" designation, which triggers at 0.15 and brings its own consequences below.
When a First DUI Triggers PDD Status
"Persistent drunk driver" sounds like it should require a record. It does not.
A single first offense can qualify
Under C.R.S. § 42-2-132.5, a BAC of 0.15 or more on a single offense is enough, by itself, to make you a persistent drunk driver — no prior conviction required. Refusing a test also qualifies.
What it adds
Mandatory completion of Level II alcohol treatment, and an interlock-restricted license for at least two years after reinstatement — on top of whatever the criminal sentence itself imposes.
What Happens After the Arrest
A DUI arrest opens two cases at once — one over your license, one over your record — and only one of them has a 7-day clock.
The arrest and the test
Under Express Consent (C.R.S. § 42-4-1301.1), driving in Colorado means you have already agreed to a breath, blood, saliva or urine test once an officer has probable cause for DUI or DWAI. Refusing is grounds for revocation on its own and can be used against you at trial.
The notice of revocation
A result of 0.08 or more, or a refusal, brings a written notice of revocation, usually served at the time of arrest. You must request an Express Consent hearing in writing within 7 days after receiving that notice (C.R.S. § 42-2-126(7)(a)), or the revocation takes effect with no hearing.
The DMV case
A timely request keeps you driving on a temporary permit until the hearing decides only your license, separate from the criminal case. This is often the first real look at the stop, the test, and the paperwork behind it.
The criminal case
A first-offense DUI or DWAI is a misdemeanor, heard in county court; in Arapahoe County that means the Arapahoe County Justice Center. The evaluation and sentencing conditions below follow a conviction, not the charge itself — a charge is not a conviction.
Request the DMV hearing in writing within 7 days after you receive the notice of revocation, not 7 days after the arrest date on the calendar — the two are usually the same day, but not always.
The License Consequence and the Class You'll Take
Two separate, non-negotiable pieces of a first DUI
9-month revocation
A first excess-BAC result of 0.08 or more carries a 9-month administrative revocation under C.R.S. § 42-2-126 — a revocation, not a suspension, which changes the reinstatement rules. A first refusal is a longer 1-year revocation on a separate ladder. Reinstatement also requires filing and maintaining SR-22 proof of financial responsibility for three years (C.R.S. §§ 42-7-406(1), 42-7-408(1)(b)).
Level I or Level II education
Colorado orders an alcohol-and-drug evaluation and then a Level I (short-term, didactic) or Level II (therapeutic, longer-term) program as a sentencing condition (C.R.S. § 42-4-1301.3). There is no fixed BAC line between the two — a qualified evaluator recommends a level based on your record and history, and you can request a hearing if you disagree. A true first offender with no priors or pending charges can be sentenced before the evaluation is even finished, with the program to follow.
Two Things That Surprise First Offenders
The victim impact panel is not mandatory
C.R.S. § 42-4-1307(12)(a) says a court "may" order attendance at a victim impact panel, at any offense count, with a fee capped around $50 that adjusts for inflation. Many courts order it as routine practice, but it is a judge's discretionary call, not a fixed statutory requirement tied to a first offense specifically.
A DWAI counts exactly like a DUI later
If you plead down to, or are convicted of, a DWAI instead of DUI, that conviction still counts as a full prior offense for any later DUI or DWAI charge (C.R.S. § 42-4-1307(5)(a), (6)(a)) — there is no time limit on how old that prior can be. A "first" DUI today can legally be a second offense if a DWAI from years ago is still on your record.
Can a First DUI Be Pleaded Down?
Sometimes, but Colorado law puts a real limit on it. A court generally cannot accept a guilty plea to a non-alcohol, non-drug traffic offense, or to the separate under-21 UDD offense, from someone charged with DUI or DUI per se, unless the prosecution makes a good-faith representation that the evidence does not support the original charge (C.R.S. § 42-4-1301(4)). A negotiated result is still possible — a reduction from DUI to DWAI, for example, depends on the strength of the evidence, not on the statute forbidding plea deals outright.
That is exactly why the evidence review matters before anyone decides what to plead to: the stop, the test, and the paperwork behind both are what actually change what the prosecution is willing to offer.
Local Courts: Arapahoe County
Arapahoe County Justice Center
7325 S. Potomac Street, Centennial, CO 80112. A first-offense DUI or DWAI, a misdemeanor, is heard in Arapahoe County Court at this address — the 18th Judicial District has covered Arapahoe County alone since January 7, 2025. The DMV hearing itself is a separate administrative proceeding through the Colorado Department of Revenue, not held at this courthouse.
Digital evidence in your case
A first-offense stop generates its own paper and digital trail: the officer's body-camera and any dash-camera video of the stop and the field sobriety tests, the breath or blood test machine's records, and the timestamps on the arrest and notice paperwork. We request and review that record, with forensic examination handled by our partner lab under attorney direction when it needs closer analysis.
Learn about digital forensics at our firmOther DUI Topics
First-Offense DUI FAQs
Straight answers, with the statute they come from
Related Pages
This page is general information about Colorado law, not legal advice for your situation, and reading it does not create an attorney-client relationship. The legal statements here were checked on September 26, 2026.
Charged With Your First DUI?
The 7-day hearing deadline does not wait for you to feel ready. Our office is in Greenwood Village, and the consultation is free.