First DUI/DWAI Penalties in Colorado (2026)
Complete guide to what happens when you get your first DUI/DWAI in Colorado — jail time, fines, license suspension, and what you can do about it.
Understanding First-Offense DUI/DWAI in Colorado
A first-offense DUI/DWAI in Colorado is classified as a Misdemeanor. While this is the least severe DUI/DWAI charge, the consequences are still significant and can affect your life for years. Colorado uses a Lifetime lookback period, meaning any subsequent DUI/DWAI within that window will be treated as a repeat offense with harsher penalties.
Colorado uses a lifetime lookback period, meaning all prior DUI offenses count regardless of when they occurred. The state also has a lesser DWAI charge for BAC 0.05-0.08%. The BAC (Blood Alcohol Concentration) limit in Colorado is 0.08% for standard drivers, 0.04% for commercial drivers, and 0.02% for drivers under 21. Being at or above these limits creates a "per se" DUI/DWAI charge — the prosecution does not need to prove impairment.
Penalties Breakdown
What Happens After a First DUI/DWAI Arrest in Colorado
After being arrested for a first DUI/DWAI in Colorado, you will face two separate proceedings: a criminal court case and an administrative license suspension through the DMV. Colorado has implied consent laws, meaning you automatically consent to chemical testing by driving on state roads. Refusing a test triggers additional penalties.
The criminal case will determine whether you are convicted and what sentence you receive. Meanwhile, the DMV will independently suspend your license. In many cases, you have only 10 to 30 days to request a DMV hearing to challenge the suspension. Missing this deadline means an automatic suspension.
How a DUI/DWAI Attorney Can Help
An experienced DUI/DWAI attorney in Colorado can challenge the traffic stop, question the accuracy of breath or blood tests, negotiate reduced charges (such as a "wet reckless"), protect your driving privileges, and minimize the long-term impact on your record. Attorney fees for a first DUI/DWAI typically range from $2,000 to $5,000, but the savings in reduced penalties and protected employment can be far greater.
Unfortunately, Colorado does not allow DUI/DWAI expungement. This makes it even more important to fight the charges or negotiate a reduction with an experienced attorney.
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Official Sources
DUIFinders.com is not a law firm and does not provide legal advice. Information is for general purposes only.
Frequently Asked Questions
What is the penalty for a first DUI/DWAI in Colorado?
A first DUI/DWAI in Colorado is classified as a Misdemeanor. Penalties include 5 days–1 year jail time, $600–$1,000 in fines, and 9-month revocation.
Will I go to jail for a first DUI/DWAI in Colorado?
Yes, Colorado has mandatory minimum jail time for first-offense DUI/DWAI. You face 5 days–1 year.
How much does a first DUI/DWAI cost in Colorado?
Court fines alone are $600–$1,000, but total costs including attorney fees, classes, insurance increases, and IID installation typically range from $10,000 to $25,000.
Will I lose my license for a first DUI/DWAI in Colorado?
Yes. A first DUI/DWAI in Colorado results in 9-month revocation. You may be eligible for a restricted license with an ignition interlock device.
Can a first DUI/DWAI be expunged in Colorado?
No, Colorado does not currently allow DUI/DWAI expungement.