Understanding Colorado’s DUI Penalties in 2025
If you’ve been arrested for driving under the influence (DUI) in Colorado, understanding the current legal consequences—and how to defend against them—can make all the difference.
In 2025, Colorado DUI penalties remain among the strictest in the nation, with mandatory jail time, license suspension, and ignition interlock requirements, even for first-time offenders.
At The Bussey Law Firm, P.C., we’ve helped thousands of clients in Colorado Springs and across El Paso County. We have an impressive track record of success when it comes to getting DUI charges reduced or dismissed.
Colorado DUI Laws in 2025: An Overview
Under Colorado Revised Statutes § 42-4-1301, it remains illegal to operate a motor vehicle while:
- Driving under the influence of alcohol, drugs, or a combination of both (DUI)
- Driving while ability impaired (DWAI)
- Driving with a Blood Alcohol Content (BAC) of 0.08% or higher—also known as a “per se” DUI
Commercial drivers and drivers under 21 face even stricter BAC limits in Colorado:
- CDL holders: 0.04%
- Underage drivers: 0.02%
Whether it’s your first offense or a repeat violation, the penalties for DUI vary based on your BAC and any aggravating factors (like injuries or prior convictions).
First-Time DUI Penalties in Colorado (2025)
First-time DUI penalties in 2025 continue to reflect Colorado’s zero-tolerance approach to impaired driving. Courts increasingly impose supervised probation, monitored sobriety, and alcohol monitoring technology, even on first offenses.
First DUI Conviction
- Misdemeanor charge
- 5 days to 1 year in jail (jail time may be suspended if you comply with treatment and probation)
- $600 to $1,000 in fines
- 48 to 96 hours of community service
- Mandatory alcohol education and therapy
- 9-month driver’s license suspension
- Ignition Interlock Device (IID) installation required for early license reinstatement
First DWAI (Driving While Ability Impaired)
- 2 to 180 days in jail
- $200 to $500 in fines
- 24 to 48 hours of community service
- No automatic license suspension—but 8 points will be added to your license
Repeat DUI Offender Laws
Colorado treats repeat DUIs as progressively more serious crimes. The penalties increase steeply with each offense, and a fourth DUI is a felony under state law.
Second DUI (within 5 years)
- Mandatory minimum of 10 days in jail
- Up to 1 year in jail
- $600 to $1,500 in fines
- 60 to 120 hours of community service
- 1-year license revocation
- 2-year ignition interlock requirement
- Designation as a “persistent drunk driver” with enhanced monitoring
Third DUI
- Mandatory 60 consecutive days in jail
- Up to 1 year in jail
- Up to 2 years of license revocation
- 2 to 4 years probation
- Substance abuse evaluation and intensive treatment
- Increased financial and monitoring burdens
Fourth or Subsequent DUI – Felony DUI
- Class 4 Felony
- 2 to 6 years in prison
- $2,000 to $500,000 in fines
- Mandatory parole and post-release monitoring
- Permanent criminal record
Ignition Interlock Devices
One of the most common questions we receive is: Will I have to install an ignition interlock device after a DUI? The answer is yes—for most drivers.
The Colorado Division of Motor Vehicles (DMV) continues to require IID installation for:
- First DUI offenses (for early reinstatement)
- Repeat offenders
- Refusal of a chemical test
- Any driver labeled a “persistent drunk driver”
How It Works
- A device is installed in your vehicle and prevents it from starting if alcohol is detected
- Monthly monitoring and reporting are required
- Costs typically range from $60–$100 per month, plus installation
Any driver with a BAC of 0.15% or higher is automatically classified as a persistent drunk driver and must install an interlock for at least 2 years, even on a first offense.
DUI Sentencing Guidelines
While the penalties are set by statute, DUI sentencing guidelines allow some judicial discretion, particularly for first-time offenders. But prosecutors in El Paso County take DUI charges seriously and may push for jail time even on a first offense if:
- Your BAC was significantly above 0.08%
- There was an accident or property damage
- You have prior alcohol-related charges
- You refused chemical testing
It’s critical to find an attorney who understands local court procedures, judges, and prosecutors in Colorado Springs. At The Bussey Law Firm, P.C., we build strategic defenses and work to minimize sentencing through negotiation or trial when appropriate.
Effective DUI Defense Strategies
Fighting a DUI charge isn’t just about avoiding penalties. You need to protect your future.
Depending on the facts of your case, there are numerous defenses that can be raised to lead to reduced charges, alternative sentencing, or dismissal.
Common Defense Approaches
- Challenging the stop: Was there probable cause to pull you over?
- Challenging the test: Were breathalyzer or blood tests administered properly? Was equipment calibrated?
- Rising BAC defense: Was your BAC still rising at the time of testing?
- Medical conditions: Could a health issue have affected test results or your behavior?
- Violation of rights: Were you advised of your rights during the arrest and chemical testing process?
Understanding Administrative and Criminal Penalties
It’s important to understand that a DUI charge in Colorado triggers two separate processes:
- Criminal Case in court
- Administrative Action by the DMV
Even before your criminal case is resolved, you may face an automatic license suspension unless you:
- Request a DMV hearing within 7 days of your arrest
- Successfully contest the revocation based on probable cause or BAC testing issues
At The Bussey Law Firm, P.C., we represent clients at both DMV hearings and in criminal court—fighting to preserve your driving privileges and build the strongest case possible.
Reasons to Choose The Bussey Law Firm, P.C.
The legal and personal consequences of a DUI conviction are severe, but they’re not inevitable. Whether you’re dealing with a first-time DUI or a felony DUI, the key to protecting your rights is fast, informed legal action.
At The Bussey Law Firm, P.C., we offer the following:
- Over 30 years of criminal defense experience
- A former prosecutor who knows how the system works
- One of only two attorneys in Colorado with the ACS Forensic Lawyer-Scientist designation
- A team that’s respected in Colorado Springs DUI courts for thorough preparation and results-driven advocacy
Speak With an Experienced Colorado Springs DUI Defense Attorney
Our legal team at The Bussey Law Firm, P.C., is here to defend your rights, protect your future, and guide you through every step of the process. Call our Colorado Springs DUI defense lawyers today at (719) 475-2555 to schedule your free consultation.
