Colorado DUI / DWI Penalties (2026)

Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) charges in Colorado: penalties, sentencing ranges, felony thresholds, and what to expect if charged.

Educational purposes only. Not legal advice. If you are facing dui / dwi charges in Colorado, consult a licensed Colorado criminal defense attorney.

Colorado DUI / DWI Penalties

OffensePenalty
First Offense5 days–1 year jail, $600–$1,000 fine, 9-month revocation
Second Offense10 days–1 year jail, $600–$1,500 fine, 1-year revocation

DWAI charge exists for BAC 0.05–0.08%

DUI / DWI Statute of Limitations in Colorado

In Colorado, the general statute of limitations for a felony is 3 years and for a misdemeanor is 18 months.

See all Colorado statutes of limitations →

Defending Against DUI / DWI Charges in Colorado

Common defenses in Colorado dui / dwi cases include:

  • Lack of intent — many charges require proving criminal intent
  • Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
  • Procedural violations — improper arrest, unlawful search and seizure
  • Mistaken identity
  • Constitutional violations — Fourth and Fifth Amendment protections

The specific defenses available depend on the facts of the case. Consult a Colorado criminal defense attorney for advice.

Related Colorado Laws

Marijuana Possession Theft / Larceny Assault Domestic Violence Drug Possession Burglary Robbery Fraud Trespassing Disorderly Conduct Vandalism Hit and Run Illegal Weapons Possession Drug Trafficking Prostitution Shoplifting Reckless Driving Forgery Kidnapping Arson Stalking Embezzlement Money Laundering Public Intoxication