Department of Alcohol and Drug Prevention and Education
Drinking and Driving
The following tables provide information on the legal consequences of drinking and driving. If you have questions about this information, or any other legal matter, contact CSU Legal Services. Many of these penalties may seem harsh, but remember that drinking and driving could kill you or someone else. Please consider these consequences the next time you contemplate getting behind the wheel after drinking. For a safer alternative to drinking and driving, consider RamRide, which offers rides to students every Friday and Saturday night. Contact them at (970) 491-3333.
Criminal Consequences of Drinking and Driving Charges
| DUI Driving Under the Influence |
DWAI Driving While Ability Impaired |
UDD Under Age Drinking and Driving |
|
| Blood Alcohol Level Presumptions (You can be charged even if your BAC is lower than the presumption) | .08 or higher | Between .05 and .08 | .02 to .05 |
| Points on your drivers license (see Civil Consequences) | 12 | 8 | 4 |
| Possible fine | $300 - $1000 | $100 to $500 | $15 to $100 |
| Possible jail time, if any | 5 days to 1 year | 2 days to 180 days | None |
| Useful Public Service | 48 - 96 hours (fee up to $120, usually $80) | 24 - 48 hours (fee up to $120, usually $80) | |
| Victim’s Assistance Surcharge | 37% of fine | 37% of fine | |
| Law Enforcement Assistance | $90 | $90 | |
| Victim’s Compensation | $25 | $25 | |
| Alcohol or drug evaluation | $181 | $181 | |
| Level 1 Alcohol Program | $100 | $100 | |
| Level 2 Alcohol Program | $290 to $1150 | $290 to $1150 | |
| Victim’s Impact Class | $25 | $25 | |
| Drunk driving fund | $25 to $500 | $25 to $500 | |
| Traumatic brain injury trust | $15 | $15 | |
| Photograph & Fingerprinting | $10 | $10 | |
| Court Costs | $21 | $21 | |
| Probation | Possibly up to two years | Possibly up to two years | |
| Restitution | If applicable | If applicable | |
| Your Potential Cost | Generally ranges from $1022 to $3557 or more, not including potential attorney fees and driver’s license and insurance consequences | Generally ranges from $759 to $2709 or more not including potential attorney fees and driver’s license and insurance consequences | These consequences may be imposed on deferred judgments and suspended sentences as well. Defendant will be required to pay costs of original chemical test to dept. that took it. ($50 for blood, $12.50 for breath). This chart does not include Driver’s license consequences which are civil in nature and overseen by the Department of Revenue, Motor Vehicle Division. |
Civil Consequences of Alcohol Related Charges
| 1. Implied Consent Loss of License | BAC .08 or higher: Minimum 3 months, concurrent with any points suspensions for same offenses (1st offense) | Refusal to take blood or breath test: 1 year for first refusal, consecutive to any points suspensions for same offenses | BAC .02 to .08 for minors under age 21: 3 months (1st offense) 6 months (2nd offense) 1 year (3rd and other offenses) |
| 2. Conviction | Conviction for DUI: 1 year suspension |
Conviction for DWAI: minors = 1 year suspension; over age 21 = no suspension for conviction |
Conviction of UDD: 3 months for the first offense |
| 3. Points: You start with 0 points. Every time you have a violation, you receive points. If you get too many points, you lose your license from 3 months to a year (usually 3 months the first time) |
If you are age 21 or more, your license will be suspended if you receive 12 points in 12 months, or 18 points in 24 months |
If you are age 18 to 20, your license will be suspended if you receive 9 points in 12 months, or 12 points in 24 months, or 14 points after your 18th birthday |
If you are age 16 to 17, your license will be suspended if you receive 5 points in 12 months, or 6 points before your 18th birthday |
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