First-Time DUI in Colorado: What You Need to Know About Your Rights and Penalties

September 11, 2025

First-Time DUI in Colorado: What You Need to Know About Your Rights and Penalties

Being charged with a DUI for the first time in Colorado can be overwhelming. You may be worried about losing your license, paying heavy fines, or even serving jail time. Understanding the penalties and knowing your legal options can make all the difference in how your case is resolved. At Alfrey & Associates, PC, we are dedicated to guiding first-time offenders through Colorado’s strict DUI laws and protecting their rights every step of the way.



What Qualifies as a DUI in Colorado?

In Colorado, driving under the influence is defined as operating a vehicle with a blood alcohol content (BAC) of 0.08% or higher. If your BAC is between 0.05% and 0.079%, you may face a lesser charge of Driving While Ability Impaired (DWAI). Even with a BAC below 0.05%, you can still be charged if law enforcement believes your ability to safely drive was compromised by alcohol or drugs.


Colorado also enforces an Express Consent Law, meaning that by driving, you have already given consent to a chemical test if suspected of DUI. Refusing the test can result in an immediate one-year license suspension, separate from criminal penalties.


Penalties for a First-Time DUI in Colorado

Even though a first-time DUI is a misdemeanor, the penalties can be severe:

  • Jail Time: 5 days to 1 year (probation or alternative sentencing may be available).
  • Fines: $600 to $1,000, plus court costs and fees.
  • License Suspension: Up to 9 months.
  • Community Service: 48 to 96 hours of service.
  • Alcohol Education & Treatment: Mandatory participation in a court-approved program.


Aggravating Factors That Increase Penalties

Certain circumstances can make a first-time DUI more serious, including:

  • A BAC of 0.15% or higher, which labels you a “persistent drunk driver.”
  • Causing an accident with injuries or property damage.
  • Driving under the influence with a minor passenger.


These factors can result in harsher sentencing and long-term consequences.


Your Rights and Defense Options

Just because you’ve been charged doesn’t mean you’ll be convicted. You have rights, and an experienced DUI attorney can help protect them. At Alfrey & Associates, PC, we explore every possible defense strategy, including:


  • Challenging the traffic stop — Was there reasonable suspicion?
  • Reviewing BAC testing procedures — Were they done correctly and legally?
  • Questioning officer conduct — Were proper protocols followed?
  • Negotiating for reduced charges or alternative sentencing — Such as probation or treatment programs instead of jail.


Our goal is to minimize the impact of your DUI charge and protect your future.


Why Choose Alfrey & Associates, PC

With years of experience defending DUI cases in Denver and throughout Colorado, our attorneys understand how to navigate the complexities of the system. We provide:


  • Personalized strategies based on your case details
  • Aggressive advocacy to challenge evidence and protect your rights
  • Clear guidance so you know exactly what to expect at every stage


Take Control of Your Case Today

A first-time DUI doesn’t have to define your future. With the right defense, you can protect your rights and move forward.

Hand holding beer bottle out of a car window, representing Marijuana DUIs in Colorado.
December 11, 2025
Marijuana DUIs in Colorado are prosecuted differently from alcohol-related DUIs. Learn how THC levels are tested, what penalties you could face, and how Alfrey & Associates, PC can defend your rights.
Person in suit holding a gavel, representing DWAI and DUI charges in Colorado.
November 13, 2025
Learn the key differences between DWAI and DUI charges in Colorado, the penalties for each, and how an experienced Denver defense attorney can protect your rights.
November 6, 2025
Vehicular Assault in Colorado: What You Need to Know About Charges and Penalties
A man is driving a car with a bottle of beer in his hand.
October 9, 2025
Facing a Second, Third, or Fourth DUI in Colorado? Here’s What to Expect
A man is sitting in a car while a police officer writes a ticket.
August 14, 2025
Repeat DUI Offender in Colorado? How Our Lawyers Can Help Minimize the Damage
A man wearing handcuffs is standing in front of a blurry background.
July 17, 2025
Avoiding Jail Time for a First-Time DUI in Denver
June 19, 2025
Fighting a DUID Charge: Legal Defenses That Work in Colorado
Gold lady justice statue on a desk with a window in the background.
March 27, 2025
In Colorado, vehicular assault and vehicular homicide are both serious charges, but they differ in terms of the legal elements involved. This blog post explains the differences between these two charges, providing clarity on the distinctions between them and the potential legal consequences.
A red book and a judge 's gavel on a wooden table.
February 20, 2025
If you're facing a DUI charge in Colorado, it’s essential to know the key differences between a first and second DUI offense. This blog post explores how penalties, consequences, and defense strategies vary depending on whether it's your first or second DUI charge. Learn what to expect and how legal representation can make a difference in your case.
A judge 's gavel is sitting on top of an open book next to a pair of glasses.
January 23, 2025
If you are facing a DWAI (driving while ability impaired) charge in Denver, CO, having the right legal representation is essential. This blog post will outline why it's crucial to hire an experienced DWAI attorney to ensure you get the best possible outcome for your case. Learn why professional legal help is necessary when dealing with such serious charges.