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When Is Jail Time Mandatory? Jail time is mandatory if you have prior DUI/DWAI convictions. Detention time is also mandatory if your BAC (blood alcohol content) is 0.20% within two hours of driving. For past convictions, receiving a second conviction in Colorado means a minimum of 10 days in jail, a mandatory sentence.

The way that a DUI per se offense differs from other DUI offenses requiring the state to establish a certain degree of intoxication is that the only fact that the state needs to prove beyond a reasonable doubt is the defendant's BAC was 0.08 or greater within two hours of driving.

A new law was enacted as of January 1, 2023, allowing people convicted of a DUI to apply for an ignition interlock restricted license upon conviction.

Alcohol Monitor Requirement The new Colorado DUI law also requires 90 days of continuous sobriety monitoring for people sentenced to probation following a third or subsequent offense, or a felony offense, for DUI, DUI per se, or DWAI. This means those sentenced will be required to wear an ankle monitor.

DUI Laws in Colorado OffenseJail Term RangeFines1st DWAI2 days ? 180 days$200 ? $5001st DUI5 days ? 1 year$600 ? $1,0002nd Offense ? outside of 5 years10 days ? 1 year$600 ? $1,5002nd Offense ? within 5 years10 days ? 1 year$600 ? $1,5004 more rows

First-offense DUI penalties include five days to one year in jail, a fine of $600 to $1,000 plus court costs, 48 to 96 hours of community service, 12 DMV points on your DMV driving record, and a driver's license revocation period of nine months.