Additional photos and more below.
Additional photos and more below.
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How Harsh Are Colorado's DUI Penalties?: The 20 Toughest States

Update: After the original publication of a post highlighting the twenty harshest states when it comes to DUI penalties, we were contacted by attorney Seth Steinman, who says a number of items pertaining to Colorado were misstated by WalletHub, the source for the data. We've made the corrections per Steinman's updated information. Continue for the complete report.

Original post, 6:40 a.m. August 15: George Brauchler, DA for the 18th Judicial District, is frustrated that Doyle Carmack got no jail time for his sixth DUI conviction — an outcome he associates with a 2015 felony DUI law that has no mandatory-minimum provision and is, in his view, inconsistent "with the other sentencing portions of our DUI laws."

This last assertion seems to be contradicted by Colorado's performance in a new study from WalletHub that's intended to determine the "strictest and most lenient states on DUI." But taking a closer look at the numbers offers support for Brauchler's claim.

Although Colorado is included among the twenty states with the toughest laws related to driving under the influence, WalletHub accurately lists a minimum jail time for first and second DUI convictions of five and ten days, respectively. Yet Carmack, who notched five DUI convictions in Missouri and had a blood-alcohol content of .235 when he was pulled over in Aurora this past March, won't serve a minute behind bars; his sentence calls for five years' worth of probation and 75 hours of community service.

Continue to get the photo-illustrated details of the twenty states with the harshest DUI regulations according to WalletHub, followed by an interactive graphic allowing you to check out the rankings for all fifty states, plus an additional infographic. Click for the original post.

How Harsh Are Colorado's DUI Penalties?: The 20 Toughest States
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1. Arizona

Minimum jail time (1st conviction): 10 days
Minimum jail time (2nd conviction): 90 days
DUI is automatic penalty: Third offense
How long old DUI factors into penalties: 7 years
Administrative license suspension: 90 days
Vehicle impound: Yes
Ignition interlock mandatory: 1st conviction/BAC .08
Ignition Interlock mandatory period: 12 months
Additional penalties for high BAC: Above 0.15 BAC
Mandatory alcohol assessment: Yes
Minimum fine (1st conviction): $750
Minimum fine (2nd conviction): $1,750
"No Refusal" sobriety testing average: Yes
Insurance rate increase after DUI: 37 percent
Child endangerment protection: Yes
Sobriety checkpoints: Yes
Other penalties: Yes
Total score: 84.09 percent

2. Georgia

Minimum jail time (1st conviction): 10 days
Minimum jail time (2nd conviction): 90 days
DUI is automatic penalty: Fourth offense
How long old DUI factors into penalties: 10 years
Administrative license suspension: 365 days
Vehicle impound: No
Ignition interlock mandatory: 2nd conviction
Ignition Interlock mandatory period: 12 months
Additional penalties for high BAC: Above 0.15 BAC
Mandatory alcohol assessment: Yes
Minimum fine (1st conviction): $300
Minimum fine (2nd conviction): $600
"No Refusal" sobriety testing average: Yes
Insurance rate increase after DUI: 47 percent
Child endangerment protection: Yes
Sobriety checkpoints: Yes
Other penalties: Yes
Total score: 70.45  percent

3. Alaska

Minimum jail time (1st conviction): 3 days
Minimum jail time (2nd conviction): 20 days
DUI is automatic penalty: Third offense
How long old DUI factors into penalties: 15 years
Administrative license suspension: 90 days
Vehicle impound: Yes
Ignition interlock mandatory: 1st conviction/BAC .08
Ignition Interlock mandatory period: 6 months
Additional penalties for high BAC: Above 0.15 BAC
Mandatory alcohol assessment: No
Minimum fine (1st conviction): $1,500
Minimum fine (2nd conviction): $3,000
"No Refusal" sobriety testing average: Yes
Insurance rate increase after DUI: 80 percent
Child endangerment protection: Yes
Sobriety checkpoints: No
Other penalties: No
Total score: 65.00 percent

How Harsh Are Colorado's DUI Penalties?: The 20 Toughest States
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4. Oklahoma

Minimum jail time (1st conviction): 10 days
Minimum jail time (2nd conviction): 5 days
DUI is automatic penalty: Second offense
How long old DUI factors into penalties: 10 years
Administrative license suspension: 180 days
Vehicle impound: No
Ignition interlock mandatory: 1st conviction/BAC .08
Ignition Interlock mandatory period: 18 months
Additional penalties for high BAC: Above 0.15 BAC
Mandatory alcohol assessment: No
Minimum fine (1st conviction): $0
Minimum fine (2nd conviction): $0
"No Refusal" sobriety testing average: Yes
Insurance rate increase after DUI: 28 percent
Child endangerment protection: Yes
Sobriety checkpoints: Yes
Other penalties: Yes
Total score: 62.27 percent

5. Nebraska

Minimum jail time (1st conviction): 7 days
Minimum jail time (2nd conviction): 30 days
DUI is automatic penalty: Fourth offense
How long old DUI factors into penalties: 15 years
Administrative license suspension: 90 days
Vehicle impound: No
Ignition interlock mandatory: 1st conviction/BAC .08
Ignition Interlock mandatory period: 6 months
Additional penalties for high BAC: Above 0.15 BAC
Mandatory alcohol assessment: No
Minimum fine (1st conviction): $500
Minimum fine (2nd conviction): $500
"No Refusal" sobriety testing average: Yes
Insurance rate increase after DUI: 58 percent
Child endangerment protection: Yes
Sobriety checkpoints: Yes
Other penalties: Yes
Total score: 61.82 percent

6. Kansas*

Minimum jail time (1st conviction): 2 days
Minimum jail time (2nd conviction): 90 days
DUI is automatic penalty: Third offense
How long old DUI factors into penalties: 10 years
Administrative license suspension: 30 days
Vehicle impound: No
Ignition interlock mandatory: 1st conviction/BAC .08
Ignition Interlock mandatory period: 6 months
Additional penalties for high BAC: Above 0.15 BAC
Mandatory alcohol assessment: Yes
Minimum fine (1st conviction): $500
Minimum fine (2nd conviction): $1,000
"No Refusal" sobriety testing average: Yes
Insurance rate increase after DUI: 46 percent
Child endangerment protection: Yes
Sobriety checkpoints: Yes
Other penalties: Yes
Total score: 59.55 percent

7. Connecticut*

Minimum jail time (1st conviction): 2 days
Minimum jail time (2nd conviction): 120 days
DUI is automatic penalty: Third offense
How long old DUI factors into penalties: 10 years
Administrative license suspension: 90 days
Vehicle impound: No
Ignition interlock mandatory: 1st conviction/BAC .08
Ignition Interlock mandatory period: 12 months
Additional penalties for high BAC: Above 0.16 BAC
Mandatory alcohol assessment: Yes
Minimum fine (1st conviction): $500
Minimum fine (2nd conviction): $1,000
"No Refusal" sobriety testing average: No
Insurance rate increase after DUI: 100 percent
Child endangerment protection: No
Sobriety checkpoints: Yes
Other penalties: Yes
Total score: 59.09 percent

How Harsh Are Colorado's DUI Penalties?: The 20 Toughest States
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8. Utah

Minimum jail time (1st conviction): 2 days
Minimum jail time (2nd conviction): 10 days
DUI is automatic penalty: Third offense
How long old DUI factors into penalties: 10 years
Administrative license suspension: 120 days
Vehicle impound: Yes
Ignition interlock mandatory: 1st conviction/BAC .08
Ignition Interlock mandatory period: 18 months
Additional penalties for high BAC: Above 0.16 BAC
Mandatory alcohol assessment: Yes
Minimum fine (1st conviction): $1,370
Minimum fine (2nd conviction): $1,560
"No Refusal" sobriety testing average: Yes
Insurance rate increase after DUI: 39 percent
Child endangerment protection: Yes
Sobriety checkpoints: Yes
Other penalties: No
Total score: 58.64 percent

9. West Virginia

Minimum jail time (1st conviction): No minimum sentence
Minimum jail time (2nd conviction): 180 days
DUI is automatic penalty: Third offense
How long old DUI factors into penalties: 10 years
Administrative license suspension: 180 days
Vehicle impound: No
Ignition interlock mandatory: 1st conviction/BAC .08
Ignition Interlock mandatory period: 4.17 months
Additional penalties for high BAC: Above 0.15 BAC
Mandatory alcohol assessment: Yes
Minimum fine (1st conviction): $100
Minimum fine (2nd conviction): $1,000
"No Refusal" sobriety testing average: Yes
Insurance rate increase after DUI: 59 percent
Child endangerment protection: Yes
Sobriety checkpoints: Yes
Other penalties: No
Total score: 58.18 percent

10. Texas*

Minimum jail time (1st conviction): 3 days
Minimum jail time (2nd conviction): 30 days
DUI is automatic penalty: Third offense
How long old DUI factors into penalties: For life
Administrative license suspension: 90 days
Vehicle impound: Yes
Ignition interlock mandatory: 1st conviction/BAC .15
Ignition Interlock mandatory period: 12 months
Additional penalties for high BAC: Above 0.15 BAC
Mandatory alcohol assessment: No
Minimum fine (1st conviction): $0
Minimum fine (2nd conviction): $0
"No Refusal" sobriety testing average: Yes
Insurance rate increase after DUI: 44 percent
Child endangerment protection: Yes
Sobriety checkpoints: No
Other penalties: No
Total score: 55.00 percent

Continue to count down the next ten states (including Colorado) with the toughest DUI laws, followed by an interactive graphic and an infographic.

How Harsh Are Colorado's DUI Penalties?: The 20 Toughest States
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11 (tie): Virginia

Minimum jail time (1st conviction): No minimum sentence
Minimum jail time (2nd conviction): 30 days
DUI is automatic penalty: Third offense
How long old DUI factors into penalties: 10 years
Administrative license suspension: 7 days
Vehicle impound: Yes
Ignition interlock mandatory: 1st conviction/BAC .08
Ignition Interlock mandatory period: 6 months
Additional penalties for high BAC: Above 0.15 BAC
Mandatory alcohol assessment: Yes
Minimum fine (1st conviction): $250
Minimum fine (2nd conviction): $500
"No Refusal" sobriety testing average: Yes
Insurance rate increase after DUI: 42 percent
Child endangerment protection: Yes
Sobriety checkpoints: Yes
Other penalties: No
Total score: 52.27 percent

11 (tie): Delaware 

Minimum jail time (1st conviction): No minimum sentence
Minimum jail time (2nd conviction): 60 days
DUI is automatic penalty: Third offense
How long old DUI factors into penalties: 5 years
Administrative license suspension: 90 days
Vehicle impound: No
Ignition interlock mandatory: 1st conviction/BAC .08
Ignition Interlock mandatory period: 14 months
Additional penalties for high BAC: Above 0.16 BAC
Mandatory alcohol assessment: Yes
Minimum fine (1st conviction): $500
Minimum fine (2nd conviction): $750
"No Refusal" sobriety testing average: Yes
Insurance rate increase after DUI: 31 percent
Child endangerment protection: Yes
Sobriety checkpoints: Yes
Other penalties: No
Total score: 52.27 percent

How Harsh Are Colorado's DUI Penalties?: The 20 Toughest States
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13. Louisiana*

Minimum jail time (1st conviction): 2 days
Minimum jail time (2nd conviction): 30 days
DUI is automatic penalty: Fourth offense
How long old DUI factors into penalties: 10 years
Administrative license suspension: 45 days
Vehicle impound: No
Ignition interlock mandatory: 1st conviction/BAC .08
Ignition Interlock mandatory period: 12 months
Additional penalties for high BAC: Above 0.15 BAC
Mandatory alcohol assessment: Yes
Minimum fine (1st conviction): $300
Minimum fine (2nd conviction): $750
"No Refusal" sobriety testing average: Yes
Insurance rate increase after DUI: 62 percent
Child endangerment protection: Yes
Sobriety checkpoints: Yes
Other penalties: Yes
Total score: 50.91 percent

14 (tie): Florida* 

Minimum jail time (1st conviction): No minimum sentence
Minimum jail time (2nd conviction): 10 days
DUI is automatic penalty: Third offense
How long old DUI factors into penalties: 10 years
Administrative license suspension: 180 days
Vehicle impound: Yes
Ignition interlock mandatory: 1st conviction/BAC .08
Ignition Interlock mandatory period: 6 months
Additional penalties for high BAC: Above 0.2 BAC
Mandatory alcohol assessment: Yes
Minimum fine (1st conviction): $500
Minimum fine (2nd conviction): $1,000
"No Refusal" sobriety testing average: Yes
Insurance rate increase after DUI: 40 percent
Child endangerment protection: Yes
Sobriety checkpoints: Yes
Other penalties: Yes
Total score: 50.45 percent

14 (tie): Washington* 

Minimum jail time (1st conviction): 1 days
Minimum jail time (2nd conviction): 30 days
DUI is automatic penalty: Fifth offense
How long old DUI factors into penalties: 7 years
Administrative license suspension: 90 days
Vehicle impound: Yes
Ignition interlock mandatory: 1st conviction/BAC .08
Ignition Interlock mandatory period: 12 months
Additional penalties for high BAC: Above 0.15 BAC
Mandatory alcohol assessment: Yes
Minimum fine (1st conviction): $941
Minimum fine (2nd conviction): $1,195
"No Refusal" sobriety testing average: Yes
Insurance rate increase after DUI: 28 percent
Child endangerment protection: Yes
Sobriety checkpoints: No
Other penalties: No
Total score: 50.45 percent

How Harsh Are Colorado's DUI Penalties?: The 20 Toughest States
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16. Iowa 

Minimum jail time (1st conviction): 2 days
Minimum jail time (2nd conviction): 7 days
DUI is automatic penalty: Third offense
How long old DUI factors into penalties: 12 years
Administrative license suspension: 180 days
Vehicle impound: No
Ignition interlock mandatory: 1st conviction/BAC .15
Ignition Interlock mandatory period: 12 months
Additional penalties for high BAC: Above 0.15 BAC
Mandatory alcohol assessment: No
Minimum fine (1st conviction): $625
Minimum fine (2nd conviction): $1,875
"No Refusal" sobriety testing average: No
Insurance rate increase after DUI: 60 percent
Child endangerment protection: Yes
Sobriety checkpoints: No
Other penalties: Yes
Total score: 50.00 percent

17. Oregon*

Minimum jail time (1st conviction): 2 days
Minimum jail time (2nd conviction): 2 days
DUI is automatic penalty: Fourth offense
How long old DUI factors into penalties: 10 years
Administrative license suspension: 90 days
Vehicle impound: No
Ignition interlock mandatory: 1st conviction/BAC .08
Ignition Interlock mandatory period: 12 months
Additional penalties for high BAC: Above 0.15 BAC
Mandatory alcohol assessment: Yes
Minimum fine (1st conviction): $1,000
Minimum fine (2nd conviction): $1,500
"No Refusal" sobriety testing average: No
Insurance rate increase after DUI: 26 percent
Child endangerment protection: Yes
Sobriety checkpoints: No
Other penalties: Yes
Total score: 49.55 percent

How Harsh Are Colorado's DUI Penalties?: The 20 Toughest StatesEXPAND
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18. Colorado 

Minimum jail time (1st conviction): 5 days
Minimum jail time (2nd conviction): 10 days
DUI is automatic penalty: Does not become a felony until the fourth offense in a lifetime
How long old DUI factors into penalties: Lifetime
Administrative license suspension: 9 months to 1 year for first-time offenders; repeat offenders face longer periods of revocation
Vehicle impound: Not mandatory – but up to the discretion of the arresting officer/agency
Ignition interlock mandatory: 1st conviction/BAC .08 or Refusal
Ignition Interlock mandatory period: 8 months
Additional penalties for high BAC: Above 0.15 BAC and for Refusal
Mandatory alcohol assessment: Yes
Minimum fine (1st conviction): $600
Minimum fine (2nd conviction): $600
"No Refusal" sobriety testing average: No – roadsides are voluntary in Colorado and a checmical test cannot be obtained without consent or a warrant
Insurance rate increase after DUI: 34 percent
Child endangerment protection: Yes
Sobriety checkpoints: Yes
Other penalties: Yes
Total score: 48.64 percent

19 (tie): Illinois 

Minimum jail time (1st conviction): No minimum sentence
Minimum jail time (2nd conviction): 5 days
DUI is automatic penalty: Third offense
How long old DUI factors into penalties: 10 years
Administrative license suspension: 180 days
Vehicle impound: No
Ignition interlock mandatory: 1st conviction/BAC .08
Ignition Interlock mandatory period: 12 months
Additional penalties for high BAC: Above 0.16 BAC
Mandatory alcohol assessment: Yes
Minimum fine (1st conviction): $0
Minimum fine (2nd conviction): $0
"No Refusal" sobriety testing average: Yes
Insurance rate increase after DUI: 70 percent
Child endangerment protection: Yes
Sobriety checkpoints: Yes
Other penalties: Yes
Total score: 46.36 percent

19 (tie) Tennessee:

Minimum jail time (1st conviction): 2 days
Minimum jail time (2nd conviction): 45 days
DUI is automatic penalty: Fourth offense
How long old DUI factors into penalties: 10 years
Administrative license suspension: None
Vehicle impound: No
Ignition interlock mandatory: 1st conviction/BAC .08
Ignition Interlock mandatory period: 12 months
Additional penalties for high BAC: Above 0.2 BAC
Mandatory alcohol assessment: Yes
Minimum fine (1st conviction): $350
Minimum fine (2nd conviction): $600
"No Refusal" sobriety testing average: Yes
Insurance rate increase after DUI: 19 percent
Child endangerment protection: Yes
Sobriety checkpoints: Yes
Other penalties: No
Total score: 46.36 percent

* These states offer pre-trial diversion programs for first-time offenders. The programs are often in the form of alcohol treatment/rehabilitation and are offered as an alternative to prosecution; eligibility may vary.

Source: WalletHub
DUI Enforcement Infographic
Source: WalletHub

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