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DUI Sentencing

The maximum penalty for a Driving Under the Influence charge in Colorado is one year in the county jail. If there are other convictions in the case that allow the judge to impose jail, the other charges may result in additional jail at sentencing. The sentence that the judge will give for DUI or DWAI will depend on several factors. The court will consider whether there was reckless driving, whether the defendant shows remorse, whether he has started alcohol treatment, and any bad behavior during the arrest. However, the three factors listed below are the most important, and one or more of these factors can greatly increase your sentence:

  1. A Prior Record for DUI, DWI, or DWAI. The more prior offenses the defendant has, the greater the likelihood he will receive the maximum sentence.
  2. A Traffic Accident. If the defendant was involved in an accident, this makes the judge's perception of the case significantly worse. In cases where someone is injured, the DUI charge may be accompanied by a charge of Vehicular Assault.
  3. A High Blood Alcohol Level. The higher the level, the more concerned the judge will be that you are a danger to others, and must be punished to be persuaded not to repeat the offense.

Sentencing Table

The table below will help you to determine the minimum and maximum penalty for a first or second drunk driving offense. For those facing a third or subsequent charge, please call us to discuss the possible outcome of your case. The table only shows the range of possible sentences. We do not recommend that you try to predict the outcome of your unique case without consulting a qualified DUI lawyer. Please call us to discuss the specifics of your case.

Offense Prior Offenses Mandatory Jail Maximum Jail Possible Fines Community Service
DWAI None None 180 Days $100 - $500 24 - 48 Hours
DWAI DWAI 5 Days 1 Year $300 - $1000 48 - 96 Hours
DWAI DUI 6 Days 1 Year $400 - $1200 52 - 104 Hours
DUI None None 1 Year $300 - $1000 48 - 96 Hours
DUI DWAI 7 Days 1 Year $450 - $1500 56 - 112 Hours
DUI DUI 10 Days 1 Year $500 - $1500 60 - 120 Hours
 
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