DUI, DUI per Se and DWAI
C.R.S. 42-4-1301 — 0.08 within two hours, impaired to the slightest degree, and 5 days and $600 the first time
- DUI is driving under the influence of alcohol or drugs.
- DUI per se is driving with a BAC of 0.08 or more at the time of driving or within two hours after.
- DWAI, driving while ability impaired, is driving after alcohol or drugs affect the person to the slightest degree, so that they are less able to drive safely.
Who handles this in Colorado: legal aid programs and the state offices, listed in the Colorado directory.
A BAC over 0.05 but under 0.08 permits an inference of impairment, and five nanograms or more of THC per milliliter of whole blood permits an inference of being under the influence of drugs.
| Conviction | Jail | Fine |
|---|---|---|
| ConvictionFirst DUI or DUI per se | Jail5 days to 1 year | Fine$600 to $1,000 |
| ConvictionFirst DWAI | Jail2 to 180 days | Fine$200 to $500 |
| ConvictionSecond offense | Jail10 consecutive days to 1 year | Fine$600 to $1,500 |
| ConvictionThird offense | Jail60 consecutive days to 1 year | Fine$600 to $1,500 |
The fourth. A DUI or DWAI after three or more prior convictions for DUI, DUI per se, DWAI, vehicular homicide or vehicular assault is a class 4 felony.
Sources for this section (2)
- C.R.S. 42-4-1301 — Driving under the influence - driving while impaired - driving with excessive alcoholic content - definitions - penalties
- C.R.S. 42-4-1307 — Penalties for traffic offenses involving alcohol and drugs - legislative declaration - definitions - repeal
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Colorado attorney.