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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|
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|
$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|
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|