Multiple DUI Attorney in Denver

Colorado Penalties for Second, Third & Felony DUI Convictions

Colorado’s DUI sentencing statute, C.R.S. 42-4-1307, sets mandatory minimums that increase with each prior conviction. Understanding what you’re facing is the starting point for any defense strategy.

Second DUI Conviction

A second DUI carries a mandatory minimum of 10 consecutive days in county jail, with a maximum of one year. Fines range from $600 to $1,500. Courts also impose 48 to 120 hours of community service, a minimum of two years of probation, and mandatory Level II alcohol education and therapy. If the prior conviction occurred within five years, the minimum 10 days must be served in custody. If the prior is older than five years, a judge may allow house arrest for the minimum term. Work release, which allows a person to serve jail intermittently while keeping their job, may be available even when the prior is within five years.

A second conviction also adds 12 points to the driver’s Colorado record and triggers the persistent drunk driver designation. Colorado counts all prior DUI, DWAI, and DUI per se convictions regardless of when they occurred or which state issued them. There is no look-back limit.

Third DUI Conviction

A third conviction carries a mandatory minimum of 60 days in county jail, up to one year. Community service runs 48 to 120 hours, fines are higher, and license revocation extends to two years.

Fourth or Subsequent DUI: Felony Exposure

A fourth DUI conviction in Colorado is charged as a Class 4 felony under C.R.S. 42-4-1307, regardless of how old the prior convictions are or which state issued them. The felony threshold makes early intervention on any third-offense case important. DUI convictions in Colorado cannot be expunged or sealed.

The DMV Administrative Track: A Separate Seven-Day Deadline

A DUI arrest in Colorado launches two proceedings simultaneously: the criminal case in court and a separate administrative license action by the Colorado Division of Motor Vehicles. Both require attention, and the DMV track moves first.

A driver has seven calendar days from arrest to request a DMV hearing in writing or in person. Missing that deadline means automatic license revocation with no opportunity to contest the action. For a second DUI, the DMV revokes driving privileges for one year. For a third, revocation extends to two years.

Early reinstatement after a second DUI may be available if the driver installs an ignition interlock device (IID), enrolls in a Level II alcohol treatment program, and carries SR-22 insurance. After reinstatement, the IID is typically required for two years. The DMV hearing uses a preponderance of the evidence standard, which is lower than the beyond-a-reasonable-doubt standard in criminal court. That lower bar makes getting an attorney involved before the seven-day window closes especially important.