Colorado DUI Sentencing and Penalties

Mandatory Minimums vs. Real Sentencing in Colorado

One of the most important things to understand about Colorado DUI sentencing and penalties is that the mandatory minimums written into state law are not always the end of the story. While statutes may specify minimum jail days for a second or third DUI conviction, in practice courts often impose sentences that go above those baseline requirements.

For example, a second DUI conviction carries a mandatory minimum of 10 days in jail. However, judges in many jurisdictions frequently impose 20, 30, or even 60 days—particularly when aggravating factors are present, such as a high blood alcohol content or an accident. Similarly, for a third DUI conviction, the law requires a minimum of 60 days in jail, but many Colorado court’s view that floor as insufficient, and routinely hand down longer sentences.

The reasoning behind this trend is tied to public safety and deterrence. Judges are often under pressure from local communities, prosecutors, and advocacy groups to treat repeat DUI offenses more harshly than the statute’s bare minimums. As a result, while the mandatory minimum sets the floor, defendants should not expect the court to stop there. Instead, they should be prepared for sentencing that reflects both the number of prior offenses and the specific circumstances of the case.

This reality makes it all the more important to approach sentencing with strong mitigation strategies—completing alcohol classes early, showing a commitment to sobriety, and having legal representation that can argue for alternatives to extended jail time.