Court Penalties - Colorado DUI Law Summary Part III

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In addition to the Administrative penalties imposed for a Colorado Drunk Driving Offense (see Part I and II), state law also provides for criminal sactions against all persons convicted of driving under the influence by a court of law. The maximum penalties for Driving While Ability Impaired "DWAI" and Driving Under the Influence of Alcohol, "DUI" are set forth in the penatlies table (see link below.) To find out the differnces between the two charges go to DUI v. DWAI

There is no "mandatory jail" for a frist offense if you had an alcohol level under 0.2 BAC. However, fines, court costs, substance abuse education and community service are imposed in all but a few cases. Jail time for a first offense is at the discretion of the judge assigned to your case. While jail for first time offenders is relatively rare in Colorado, a few judges routinely imposed jail even for a first time DUI. If you had an accident or a high BAC - over 0.15 - then the chance of jail time on a first offense increases dramatically. Over 0.20 BAC jail is mandatory, even for people with a clean record! The court will impose alcohol/substance abuse treatment at the time of sentencing. Recommended alcohol education and treatment for a first DUI ranges from 12 hours to 76 hours.

Penalties for a second or subsequent Colorado DUI Offense

Jail is mandatory upon receipt of a second or subsequent drunk driving conviction - even if your last offense was twenty years ago in another state! For a second or subsequent alcohol related driving conviction the court must impose at least 5 days in jail depending on the type of prior offenses. The penalties vary with the types of offenses involved, e.g., the five day minimum applies to a DWAI conviction where the previous conviction was for DWAI. A driving under the influence conviction with a previous DWAI is punishable by a minimum jail sentence of six days and so forth. To view the minimum sentences set forth by Colorado Law please review the Criminal Penalty Table. Go to Criminal Penalty Table Be aware that the minimum madatory jail sentences reflect minimums only! While minimum sentences are common, most judges in the Front Range impose sentences of at least two weeks on a second offense. A third offense will net you anywhere from the mandatory minimum up to a year in jail. On a third offense expect to serve at least a month in jail in most jurisdicitions with many judges now leaning toward longer sentences of incarceration.

Depending on the facts of your case and the skill of your attorney, "jail" in this context can mean straight time behind bars, home detention, weekend jail or a work program. Your chances of serving actual time in jail increase with the number of prior offenses and with the severity of any traffic\criminal offenses associated with your DUI, e.g., reckless driving, an accident or resisting arrest. Currently, there are several programs in various counties that allow alternatives to straight jail time. Your attorney should be familiar with these programs and how to take advantage of them if necessary. For example Arapahoe County offiers the Multiple Offender's Program. While this program started out as a perferred option to a lengthy work release program, reports suggest that the MOP may actually result in more time in jail than a 9 month jail sentence! The program begins with jail time, followed by work release and in the end in home detention. Today it seems that the Arapahoe Sheriff is leaning towards more and more work release and less IHD!

Alcohol offenses in the adult ranges, 0.05 and above carry the same criminal penalties as those imposed upon adults. There are additional penalties over and above those imposed upon adults for underage "drunk driving." The threshold for alcohol related offenses for minor drivers is 0.02 BAC rather than 0.05 BAC. An alcohol driving offense in the range of 0.02 to 0.05 is often called a "baby DUI." On the criminal side of the DUI process, a first baby DUI carries fines, points and community service. A second or subsequent "baby" can be punished as a class 2 misdemeanor traffic offense i.e., up to 90 days in jail, fines, court costs and community service.

Unfortunately, employment applications often ask whether you have been convicted of any "crime." In Colorado alcohol related driving offenses are considered "misdemeanor criminal offenses" - not just traffic infractions. Pleading guilty to a anfy alcohol related driving offense can lessen your chances of getting some jobs and can preclude or end a military or law enforcement career. So get competent advice before you take whatever plea the DA is willing to offer you. The Colorado Bureau of Investigation keeps permanent computer records of all drunk driving convictions. These records are available to anybody, online, including prospective employers - for just a $6.85 fee at the CBI web site. These records can be sealed only if you are acquitted of all criminal charges associated with the DUI arrest.

To begin, Colorado doesn't allow "expungement" of criminal records as such. Criminal records may be "sealed," which means that access is to the records are limited to the courts and prosecutors, the actual records are not erased or destroyed. Sealed records can be "unsealed" by a district court if so requested by a district attorney.

Section 42-72-308 C.R.S. expressly prohibits sealing of "convictions" for offenses under the DUI law. Technically, a guilty plea accompanied by a deferred judgment and sentence is a "conviction" until such time as the plea is withdrawn and the case closed. Accordingly, until the case subject to a deferred is dismissed, sealing is clearly prohibited. It is less clear whether dismissal of the deferred erases the prior conviction thereby allowing sealing!

Can records of a drunk driving arrest be sealed? The short answer is that in order to have record of a DUI or DWAI sealed, the accused person must either have the charges dismissed or be acquitted at trial. A court hearing may be required to seal records in some counties. DMV records cannot be altered by sealing. The Colorado Record Sealing statute, section 24-72-308 C.R.S. explicitly exempts "convictions for crimes described in section 42-2-1301 C.R.S." from being sealed.