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Legal Definition:
You drove a vehicle while you were under the influence of alcohol or drugs to such a degree thatyou
were substantially incapable of safely operating a vehicle with safety to yourself and to the public.

First Offense
For a first time DUI conviction, a judge must impose from between five (5) days to one (1) year in jail. When your blood alcohol content is below 0.170 grams of alcohol, the law permits the judge to suspend all or part of the sentence on condition that you complete and pay for a level I or level II alcohol education program and the corresponding therapy as recommended by the Court ordered alcohol/drug evaluation. You must also attend a court-designated victim impact panel. Even if your blood alcohol content is below 0.170 grams of alcohol, there is no guarantee that the judge will suspend the entire jail sentence. Some don't.

The judge must also impose from between forty-eight (48) and niney-six (96) hours of useful public service and from between $300 and $1,000 in fines. The judge must impose fines as well as court costs. Court costs usually amount to $500.

Twelve (12) points will be assessed to your driving record. Regardless of your age or your class of license, you will lose your license for one year on a points suspension. If you are twenty-one (21) or over, you can petition for a restricted "red" license which requires no interlock device being placed on your vehicle. If you are under twenty-one years old, your license will be revoked (independent of points) for one (1) year. This one (1) year revocation is mandatory even if this is your only traffic violation in your entire life. This revocation does not permit any kind of restricted driving.

A DUI constitutes a habitual strike against your driving record. After three (3) major traffic violations within seven (7) years, the Department of Motor Vehicles must revoke your license for five (5) years.

If your blood alcohol content exceeds 0.170 grams of alcohol, the judge cannot suspend your entire sentence. Instead, the judge can suspend all but ten (10) days in jail. In other words, the judge must sentence you to a minimum of ten (10) days in jail, even if this is your first offense in a lifetime. It does not matter if you are a single parent. It does not matter if jail will get you fired from your job. The ten (10) days is mandatory even if this is the first crime you ever committed in your entire life.
You should seek a good attorney who can reduce the potential penalties in your case.

Second Offense 
For a DUI conviction with a previous DUI conviction at any time in your lifetime, a judge must impose from between ninety (90) days to one (1) year in jail. Regardless of your blood alcohol content, the law permits the judge to suspend all but ten (10) days in jail (which is the minimum) on condition that you complete and pay for a level II alcohol education program and the corresponding therapy as recommended by the Court ordered alcohol/drug evaluation. You must also attend a court-designated victim impact panel. Ten (10) days in jail is the absolute minimum. It does not matter if your prior DUI conviction was twenty (20) years ago. There is no guarantee that the judge will impose the ten (10) day minimum. Most don't.

Obviously, the judge can impose more than ten (10) days in jail. The ten (10) days in jail is the minimum. The jail is mandatory. It does not matter if you are a single parent. It does not matter if you will get fired from your job. The judge must impose a minimum of ten (10) days in jail even if this is the first crime you have ever committed in your entire life since your last DUI.

The judge must also impose from between sixty (60) and one hundred and twenty (120) hours useful public service and from between $500 and $1,500 in fines.The fines are in addition to court costs. Court costs usually amount to $500. 

Twelve (12) points will be assessed to your driving record. Regardless of your age or your class of license, you will lose your license for one (1) year on a points suspension. If your prior DUI conviction is outside five (5) years of your previous DUI conviction, you may be able to petition for a restricted "red" license which requires no interlock device being placed on your vehicle. If your prior DUI conviction is within five (5) years of your previous DUI conviction, you will face a one (1) year revocation of your driving privilege. There is no lawful driving during this one (1) year revocation. Furthermore, you cannot reinstate your license until you drive one (1) additional year with an interlock device installed in your car. Again, the law permits no restricted driving during this first year even if your license revocation costs you your job, your career, your marriage, etc.

Finally, a second DUI constitutes a second habitual strike against your driving record. After three (3) major traffic violations within seven (7) years, the Department of Motor Vehicles must revoke your license for five (5) years.

You should seek a good attorney who can reduce the potential penalties in your case and retain your driving privileges.  DUI with a prior DWAI For a DUI conviction with a previous DWAI conviction at any time in your lifetime, a judge must impose from between seventy (70) days to one (1) year in jail. When your blood alcohol content is below 0.170 grams of alcohol, the law permits the judge to suspend all but seven (7) days in jail (which is the minimum) on condition that you complete and pay for a level II alcohol education program and the corresponding therapy as recommended by the Court ordered alcohol/drug evaluation. You must also attend a court-designated victim impact panel. The seven (7) days in jail is the absolute minimum. It does not matter if your prior DWAI conviction was twenty (20) years ago. There is no guarantee that the judge will impose the seven (7) day minimum. Most don't.

The judge must also impose from between fifty-six (56) and one hundred and twelve (112) hours of useful public service and from between $500 and $1,500 in fines. These are in addition to court costs which usually exceed $450.

Twelve (12) points will be assessed to your driving record. If your DUI conviction is outside five (5) years of your previous DWAI conviction, you will not face a one (1) year revocation of your driver's license. The law, however, will subject you to a one (1) year points suspension of your license. Therefore, you can petition for a restricted "red" license which requires no interlock device being placed on your vehicle. If your DUI conviction is within five (5) years of your previous DWAI conviction, you will face a one (1) year revocation of your driving privilege. There is no lawful driving during this revocation. You cannot even get a license with an interlock device. Again, the law permits no restricted driving even if your license revocation costs you your job, your career, your marriage, etc.

A DUI conviction constitutes a second habitual strike against your driving record. After three (3) major traffic violations within seven (7) years, the Department of Motor Vehicles must revoke your license for five (5) years.

If your blood alcohol content exceeds 0.170 grams of alcohol, the judge cannot suspend all but the minimum seven (7) days. Instead, the minimum is again ten (10) days. In other words, the judge must sentence you to a minimum of ten (10) days in jail, even if this DUI conviction is 20 years after your previous DWAI. Obviously, the judge can impose more than ten (10) days in jail. The ten (10) days in jail is the minimum. The jail is mandatory. It does not matter if you are a single parent. It does not matter if you will get fired from your job. The judge must impose a minimum of ten (10) days in jail even if this is the first crime you have ever committed in your entire life since your previous DWAI.

You should seek a good attorney who can reduce the potential penalties in your case and retain your driving privileges.

Fife, Charles, Mangnall & Mossinghoff, PC
Criminal Defense Lawyers
1873 South Bellaire Street
Suite 200
Denver, CO 80222
Phone:  (303) 757-2200
Fax:  (303) 756-6160

Fife, Charles, Mangnall & Mossinghoff, PC in Denver, Colorado, represents clients accused of DUI and other traffic Violations, Drug Crimes & Violent Offenses throughout the state of Colorado, including the counties of Adams, Arapahoe, Jefferson, Douglas, Summit, and Clear Creek and the communities of Brighton, Greeley, Littleton, Englewood, Castle Rock, Breckenridge, Vail, Golden, and Colorado Springs.