What Happens When You Get a 2nd DUI in Colorado
A 2nd DUI in Colorado can be extremely expensive, and comes with a lot of criminal punishments including possible jail time.
Written by Mary Cahill
Reviewed by Kathleen Flear
Table of Contents
- What is a 2nd offense DUI in Colorado?
- What is the punishment for a 2nd DUI in Colorado?
- How much does a 2nd DUI in Colorado cost in the long run?
- How to avoid jail time for a 2nd DUI in Colorado
- How to find affordable car insurance in Colorado after a 2nd DUI
Load full table of contents
Getting convicted of a second DUI in Colorado entails fines ranging from $600 to $1,500, temporary revocation of your driver’s license, and the possibility of jail time—anywhere between 10 days to a year depending on the circumstances of the conviction. It will also highly increase the
cost of your Colorado car insurance
. Getting a DUI is a rough experience no matter what state you’re in. Each state handles the convictions associated with a DUI charge a little differently. When you’re facing a second
DUI in Colorado
, you’re considered a repeat offender and the penalties you face are more severe. In addition to fines, and possible jail time, you’ll also be required to have an ignition interlock device (IID) installed in your vehicle once you’re allowed to drive again. To guide you through how Colorado handles drivers with a second DUI is
Jerry
, the trustworthy comparison app that helps drivers save money on car insurance
costs. We’ll discuss what constitutes a DUI in Colorado, the possible outcomes of another conviction, and how you can save money on insurance despite a bad driving record. What is a 2nd offense DUI in Colorado?
If you’re caught driving with a blood-alcohol content (BAC) of 0.08% or higher in Colorado, you could be charged with what is known as a DUI per se. This applies to drivers who are over the age of 21.
Penalties for drivers under 21 are more strict. If you’re underage and have a BAC of 0.02% you could be charged with a DUI per se. Drivers with a commercial driver’s license (CDL) could be arrested for a DUI per se if they have a BAC of 0.04%.
If you drive while under the influence of a combination of alcohol and other substances, you could be arrested with a DUI. Colorado also has what is known as a DWAI, which stands for driving while ability impaired. You could face this lesser charge if a chemical test determines that you were operating a vehicle with a BAC of 0.05% or higher but lower than 0.08%.
In Colorado, a DUI conviction will remain on your driving record indefinitely.
If you have a prior conviction and are charged with a second DUI per se, DUI, or DWAI, the secondary charge will carry the same penalty regardless of the level of your first conviction. In other words, if you were convicted of DUI per se but your second charge is a DWAI, the penalty you face for the second charge will not be less severe even if it's technically a less serious offense.
Key Takeaway Colorado has three separate charges for operating a vehicle under the influence: DUI per se, DUI, and DWAI. A conviction of any of these charges stays on your record for an indefinite period of time, meaning that it could be there for life.
RECOMMENDED
Compare auto insurance policies
No spam or unwanted phone calls · No long forms
What is the punishment for a 2nd DUI in Colorado?
A second DUI in Colorado carries harsher penalties than a first conviction. If the second conviction is within five years of the first, you will lose your driver’s license for one year.
If a law enforcement officer has probable cause to suspect you’re driving under the influence and you refuse a sobriety test with a prior conviction, you could have your license revoked for two years. You will also be required to participate in level II alcohol education classes.
In addition to not being able to drive, there are also a host of criminal penalties that come with a second DUI conviction in Colorado. These include:
- 10 days to one year of time served in jail
- Between $600 and $1,500 in fines
- Driving with an ignition interlock device (IID) for a period of two to five years
- A minimum of two years of probation
In Colorado, there is a possibility to have your second DUI charge plead down to a lesser charge—especially if you have a good lawyer. The lesser charge is commonly known as a wet reckless charge and is somewhat related to a Colorado reckless driving charge. Pleading guilty to a wet reckless charge does not count as a second DUI in the eyes of the law.
On the other hand, the legal ramifications of a second DUI could worsen if there are aggravating factors. Common aggravating factors of a second DUI include:
- Speeding excessively while driving under the influence
- A DUI arrest as a minor
- Being arrested for a DUI with a minor in the vehicle
- Refusing a BAC test
- Having a BAC of 0.15% or higher
- Possession of illegal narcotics or weapons at the time of DUI arrest
- Causing an accident that results in the injury or death of another individual
Key Takeaway Fines and legal penalties are steeper for a second DUI in Colorado and could be even worse if aggravating factors are involved at the time of arrest.
How much does a 2nd DUI in Colorado cost in the long run?
There’s no doubt that a second DUI conviction could have a longstanding negative impact on your life. Ultimately, a second DUI conviction is very expensive. Let’s take a closer look at how the costs of this conviction break down.
Penalties, fees, and public service
As we’ve seen, if you’re ordered to pay the maximum fees for your second DUI in Colorado, it can go into the thousands. You’ll also need to pay for the installation and maintenance of the interlock ignition device, which will cost between $130 and $300.
In addition, you’ll be required to complete 48 to 96 hours of public service after a second DUI and pay a public service fee of $120.
If you’re planning on standing trial for your second DUI conviction, you’re going to need to hire a lawyer. The better the lawyer, the higher your chances are of not getting hit with the book by a judge. But it’ll cost you—on average, legal fees for a second DUI in Colorado are around $5,000.
Alternative transportation
After a second DUI, you’ll have your license revoked for at least one year, and getting around might not be easy during that time. If family members or friends aren’t available to give you rides, hopefully, you can rely on public transportation. Although public transportation isn’t free, it’s much cheaper overall than using ride services like Uber and Lyft on a weekly basis.
Increased car insurance costs
Once the license revocation period is over, you’ll need to apply to have your
license reinstated
and apply for an SR-22
—a special type of car insurance for high-risk drivers which you must carry for up to three years. You’ll also see your car insurance premium rise about 34% after a second DUI in Colorado. While that increase is not as high as in other states, it’s still hundreds of dollars more than what you’d be quoted if you had zero DUI convictions.
MORE: The traffic tickets that have the greatest effect on your car insurance rates
How to avoid jail time for a 2nd DUI in Colorado
We’ll be honest with you, jail time is mandatory after a second DUI in Colorado. While a first DUI conviction also carries the possibility of jail time, in many cases the judge will suspend it. That’s not usually the case the second time around.
The minimum sentence is 10 days, but if you are concurrently being charged with vehicular assault due to causing bodily injury while under the influence, this is a felony conviction that can carry two to six years in prison.
The most straightforward way to reduce the jail sentence associated with a second DUI is to hire a skilled defense attorney to represent you in court.
Another alternative would be pleading guilty to a wet reckless charge. You may be able to avoid jail altogether with this lesser conviction—but it may not be an option if aggravating factors were present at the time of your DUI arrest.
MORE: 5 driving violations that could land you in jail
How to find affordable car insurance in Colorado after a 2nd DUI
A second DUI comes with a major spike in your car insurance costs, creating a recipe for one big financial headache. One way you can improve the situation is to shop for insurance rates with
Jerry
. Insurance expert and
trustworthy comparison app
Jerry understands you’re in a tough spot and can assist you with finding the most affordable insurance policy possible. Once you download the Jerry app and answer a few basic questions, Jerry will find the lowest-priced quotes available by scanning over 55 insurance providers. Tap the quote you like best and Jerry will assist you with getting enrolled. Not only that, Jerry regularly re-shops rates on your behalf so that you can rest assured you’ll always be renewing at the best price.
“I recently started looking for insurance. With my past ticket, I got rejected from several companies while others charged me extreme prices. My friend referred me toJerryand their amazing customer service helped me get the lowest insurance rate.” —Christina H.
Let Jerry find your price in only 45 seconds
No spam · No long forms · No fees
Is a 2nd DUI a felony in Colorado?
No. A 2nd DUI in Colorado is a misdemeanor. It’s considered a felony if you cause bodily injury or death to someone else while driving under the influence.
How long will a 2nd DUI in Colorado stay on my driving record?
Indefinitely. But there is a general lookback period of five to seven years in Colorado, meaning that after five to seven years have passed since the 2nd DUI it won’t have as much of an effect on the cost of your car insurance.
4.7
