Colorado DUI Laws & Colorado Drunk Driving Penalties

Colorado DUI Laws to Become Harsher

Currently in Colorado drunk driving is the result of a blood alcohol content of .08 or above; Driving While Ability Impaired (DWAI) is the result of a blood alcohol content of .05 to less than .08.  Repeat offenders make up a larger portion of the arrests, nearly 33% of drunk drivers.  32,000 people were arrested for drunk driving in the state of Colorado in 2009.  Drunk driving caused 173 deaths in Colorado in 2008, a 5.9% change in alcohol-impaired fatalities from 2007. 

On January 8th, 2010, the Commission on Criminal and Juvenile Justice voted to reconsider current Colorado DUI laws mandatory sentencing for repeat offenders. The new legislation will affect 7,000 Colorado drivers with multiple offenses for drunk driving records.

Colorado Drunk Driving Penalties

Colorado drunk driving penalties for first time offenders are currently:

• Jail from 5 days to 1 year
• Jail may be suspended in lieu of alcohol treatment program
• Fine from $600 to $1000
• License suspension for 9 months
• 12 points towards the driver’s license
• Public service assigned from 48 to 96 hours
  

With each additional offense within five years of a prior offense, penalties increased.  Colorado drunk driving penalties for second time offenders are currently:

• Jail from 90 days to 1 year
• Fine from $1000 to $1500
• Before the license is reinstated, an ignition interlock device may be installed
• 12 points towards driver’s license
• Public service assigned from 60 to 120 hours
  

Despite prescribed sentencing, judges also have the authority to sentence alternative penalties.  A second time offender requires jail time with a large range from 90 days to 1 year.  Colorado DUI laws allow for great variance in sentencing due to this loophole.  The discrepancy has caused variance in sentencing as much as 72 years of imprisonment for killing a person due to drunk driving compared to no imprisonment for a similar crime.

Representative Claire Levy is proposing new legislation that will categorize drunk driving as a felony in 2010 for repeat offenders.  The legislation aims to increase public safety by increasing sentencing for repeat offenders. The new law will increase surcharges for drunk driving and will set sentencing without opportunity for variation.  The additional funds will be directed to an alcohol abuse organization to be determined at a later date.

Opponents to the proposed legislation cite increased costs of $20 million and the need for additional holding cells based on the projected numbers.

Statistics clearly show the dangers of drunk driving.  Alive at 25 supports efforts to increase the awareness of young drivers to all hazards of driving.  Although no parent wants to think that an minor is drinking let alone drinking and driving, the best prevention is to lead by example and discuss the ramifications with your children.  Additional resources for safe driving can be found on Alive at 25.