Under the influence. A person is considered “under the influence” if substantial impairment affects the person’s ability to operate a vehicle safely. If a defendant’s BAC is .08% or more, it’s inferred that the person was under the influence of alcohol.
Ability impaired. “Ability impaired” means the person is only slightly impaired. A defendant is presumed to be DWAI if a chemical test shows a BAC of more than .05% but less than .08%.
Driving a vehicle. For purposes of Colorado’s impaired driving laws, “drive” and “drove” mean to exercise “actual physical control” over a vehicle, even if it’s not actually moving. Under that definition, a person can be convicted of DUI, DWAI, or DUI per se without actually driving a vehicle.
| 1st Offense | 2nd Offense | 3rd Offense | |
| Jail |
5 days to 1 year (for DUI and DUI per se convictions) 2 days to 180 days (for DWAI convictions) |
10 days to 1 year | 60 days to 1 year |
| Fines |
$600 to $1,000 (for DUI and DUI per se convictions)
$200 to $500 (for DWAI convictions) |
$600 to $1,500 | $600 to $1,500 |
| License Revocation | 9 months (for DUI and DUI per se convictions) | 1 year (if the second conviction is within 5 years) | Indefinite period of revocation (but can apply for reinstatement after 2 years) |
| Ignition Interlock Device | 8 months (for DUI and DUI per se convictions) | 2 to 5 years | 2 to 5 years |
| Public Service |
48 to 96 hours (for DUI and DUI per se convictions)
24 to 48 hours (for DWAI convictions) |
48 to 120 hours | 48 to 120 hours |
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