Colorado criminal charge
Driving under the influence in Colorado
Driving under the influence is a criminal offense under Colorado law, defined by C.R.S. § 42-4-1301. Its classification is not fixed: Colorado assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by C.R.S. § 42-4-1301.
What is the penalty for driving under the influence in Colorado?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 2 years to 6 years (Driving under the influence (DUI) - felony repeat offender — DUI is a class 4 felony if the violation occurred after three or more prior qualifying convictions for DUI, DUI per se, DWAI, vehicular homicide, or vehicular assault, arising from separate criminal episodes.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 2000 usd to 500000 usd (Driving under the influence (DUI) - felony repeat offender — DUI is a class 4 felony if the violation occurred after three or more prior qualifying convictions for DUI, DUI per se, DWAI, vehicular homicide, or vehicular assault, arising from separate criminal episodes.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 3 years to 3 years (Driving under the influence (DUI) - felony repeat offender — DUI is a class 4 felony if the violation occurred after three or more prior qualifying convictions for DUI, DUI per se, DWAI, vehicular homicide, or vehicular assault, arising from separate criminal episodes.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 2 years to 6 years (Driving while ability impaired (DWAI) - felony repeat offender — DWAI is a class 4 felony if the violation occurred after three or more prior qualifying convictions for DUI, DUI per se, DWAI, vehicular homicide, or vehicular assault, arising from separate criminal episodes.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 2000 usd to 500000 usd (Driving while ability impaired (DWAI) - felony repeat offender — DWAI is a class 4 felony if the violation occurred after three or more prior qualifying convictions for DUI, DUI per se, DWAI, vehicular homicide, or vehicular assault, arising from separate criminal episodes.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 3 years to 3 years (Driving while ability impaired (DWAI) - felony repeat offender — DWAI is a class 4 felony if the violation occurred after three or more prior qualifying convictions for DUI, DUI per se, DWAI, vehicular homicide, or vehicular assault, arising from separate criminal episodes.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 2 years to 6 years (DUI per se - felony repeat offender — DUI per se is a class 4 felony if the violation occurred after three or more prior qualifying convictions for DUI, DUI per se, DWAI, vehicular homicide, or vehicular assault, arising from separate criminal episodes.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 2000 usd to 500000 usd (DUI per se - felony repeat offender — DUI per se is a class 4 felony if the violation occurred after three or more prior qualifying convictions for DUI, DUI per se, DWAI, vehicular homicide, or vehicular assault, arising from separate criminal episodes.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 3 years to 3 years (DUI per se - felony repeat offender — DUI per se is a class 4 felony if the violation occurred after three or more prior qualifying convictions for DUI, DUI per se, DWAI, vehicular homicide, or vehicular assault, arising from separate criminal episodes.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
Applies to offenses on/after 2018-07-01.
How is driving under the influence classified in Colorado?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Driving under the influence (DUI) - felony repeat offender | class 4 felony | DUI is a class 4 felony if the violation occurred after three or more prior qualifying convictions for DUI, DUI per se, DWAI, vehicular homicide, or vehicular assault, arising from separate criminal episodes. | 42-4-1301(1)(a) |
| Driving while ability impaired (DWAI) - felony repeat offender | class 4 felony | DWAI is a class 4 felony if the violation occurred after three or more prior qualifying convictions for DUI, DUI per se, DWAI, vehicular homicide, or vehicular assault, arising from separate criminal episodes. | 42-4-1301(1)(b) |
| DUI per se - felony repeat offender | class 4 felony | DUI per se is a class 4 felony if the violation occurred after three or more prior qualifying convictions for DUI, DUI per se, DWAI, vehicular homicide, or vehicular assault, arising from separate criminal episodes. | 42-4-1301(2)(a) |
Common questions about driving under the influence in Colorado
Is driving under the influence a felony or a misdemeanor in Colorado?
Driving under the influence is a class 4 felony in Colorado under C.R.S. § 42-4-1301.
Driving under the influence (DUI) - felony repeat offender: class 4 felony (C.R.S. § 42-4-1301(1)(a)) · Driving while ability impaired (DWAI) - felony repeat offender: class 4 felony (C.R.S. § 42-4-1301(1)(b)) · DUI per se - felony repeat offender: class 4 felony (C.R.S. § 42-4-1301(2)(a))
What are the penalties for driving under the influence in Colorado?
Penalties for driving under the influence in Colorado depend on how it is classified — from a class 4 felony up to a class 4 felony — with the ranges set by C.R.S. § 18-1.3-401; the full table of ranges by variant is published on this page.
Which Colorado statute covers driving under the influence?
Driving under the influence is governed by C.R.S. § 42-4-1301 (Driving under the influence - driving while impaired - driving with excessive alcoholic content - definitions - penalties).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.