Colorado DUI penalties are tough. Jail can certainly be part of the final outcome. In fact, there is a mandatory minimum jail sentence of two days, which may be waived in lieu of an alcohol treatment program. Jail is mandatory if the driver's BAC is .20 percent or higher or there is a prior DUI or DWAI. Prosecutors are often willing to work with an experienced DUI defense lawyer to find an outcome that will not result in jail time or result in less jail time, or other alternative punishment.