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Nebraska DUI Law Information

Nebraska drivers face severe fines and penalties if convicted of a DUI.

Colorado DUI Law Information

Drivers arrested for driving under the influence of alcohol or drugs (DUI) in Colorado may be charged with DUI and face jail time, fines, and a driver’s license suspension.

Colorado DUI defined

Colorado DUI laws (Colorado DUI Code 42-4-1301) make it illegal for any person “who is under the influence of alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, to drive any vehicle in the state.”

Drivers may also be charged with DUI per se if a driver’s BAC is above the legal limit. In this case, charging the offense of DUI per se, shall be sufficient to describe the offense charged as "drove a vehicle with excessive alcohol content.”

Drivers will be charged with DUI if their BAC is 0.08% or higher. Drivers will be charged with Driving While Ability Impaired (DWAI) if their BAC is 0.05% or higher but less than 0.08%.

Colorado Look Back period: Lifetime

Colorado has a lifetime look back period, which means there is no limit for prior DUI convictions for sentencing purposes. A prior DUI conviction will also not be removed from a driver’s record.

Criminal DUI Penalties in Colorado

First DWAI offense: (Misdemeanor)

  • 2 days up to a maximum of 180 days in jail
  • Fines ranging from $200 to $500
  • 24 to 48 hours of community service
  • Possible license suspension
  • Potential alcohol and drug counseling
  • Probation
  • Victim Impact Panel
  • Monitored Sobriety

First DUI offense: (Misdemeanor)

  • Imprisonment in county jail for not less than 5 days and no more than 1 year
  • Fines between $600 and $1,000
  • Public service of 48 hours up to 96 hours
  • Possible probatio
  • Additional surcharges and a victims panel class.

(Fines and penalties increased if the driver’s BAC is 0.20% or higher)

Second DWAI/DUI offense:
(After more than 5 years)
(Misdemeanor)

  • 10 days to 1 year in jail (mandatory 10 consecutive days)
  • Fines of $600 to $1,500
  • Possible alcohol and evaluation and education
  • Probation for a minimum of 2 years
  • Persistent drunk driver surcharge
  • Mandatory 48 hours to 120 hours of community service

Second DWAI/DUI offense:
(Within 5 years of first offense)
(Misdemeanor)
 

  • 10 days to 1 year in jail with offenders required to serve the minimum
  • Mandatory probation of 2 years
  • Fines of $600 to $1,500
  • Persistent drunk driver surcharge
  • Mandatory 48 hours to 120 hours of community service

Third DUI/DWAI offense:
(Prior Offenses within lifetime)

  • 60 days to 1 year in jail with mandatory 60 consecutive days
  • Mandatory probation for 2 years
  • Persistent drunk driving surcharge
  • Fines of $600 to $1,500
  • Mandatory public service for 48 to 120 hours

Administrative Penalties in Colorado

Drivers in Colorado have given their implied consent to submit to a chemical test if they have been arrested for DUI. Failure to consent to the required testing may result in administrative penalties, which are administered by the Colorado Department of Motor Vehicles (DMV) and are imposed regardless of whether the driver is ultimately convicted for DUI.

Drivers who refuse the chemical test will face administrative penalties, which can include a driver’s license suspension ranging from 9 months up to 3 years. 

To challenge an administrative suspension, drivers must request an administrative hearing within 7 days from the date of their DUI arrest by contacting the Colorado Department of Motor Vehicles (DMV). A hearing will be held within 60 days from the date of the request. Drivers may continue to legally drive with their temporary driving permit until the date of their hearing.

(Drivers who are believed to have committed criminally negligent homicide may be physically restrained and forced to take the chemical test without their consent).





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