Driving under the influence (DUI) laws play a significant role in ensuring the safety of drivers on Colorado roads. Whether you live in Colorado or are visiting, it is imperative that you understand the state’s DUI laws. The consequences of a DUI conviction include fines, license suspensions and jail time; thus, it is essential that everyone is well-informed of the legal ramifications of driving under the influence.
Understanding DUI in Colorado
Laws in Colorado prohibit you from driving under the influence of drugs or alcohol (DUI) or while your ability to drive is impaired by drugs or alcohol (DWAI). An adult may be charged with DUI if his or her blood alcohol concentration (BAC) is 0.08 or higher.
Furthermore, if you are under 21 years of age and your breath alcohol content is between 0.02 and 0.05 while you are driving or within two hours after driving, you could be charged with underage drinking and driving (UDD).
If you are charged with driving under the influence of drugs (DUID), you can be charged under Colorado’s DUI laws. A DUI is a misdemeanor; however, if you have three prior convictions, your fourth is a Class 4 felony.
First-Time DUI Offense
For a first-time DUI offense, you can receive:
- County jail for at least five days and up to a year with a minimum mandatory jail time of five days. However, if you take and satisfactorily complete a post-sentence or presentence alcohol and drug evaluation and pay all fines and other financial obligations, the court could waive the mandatory jail sentence.
- Fines from $600 to $1,000.
- Forty-eight to ninety-six hours of public service (mandatory minimum cannot be waived by the court).
- Probation for up to two years.
If your BAC is over 0.20 while driving or up to two hours after driving, the minimum jail time is 10 days. You could receive up to a one-year sentence unless the court decides to use sentencing alternatives.
First-Time DWAI Offense
For first-time DWAI offenses, you can receive:
- County jail for at least two days and up to 180 days with a mandatory minimum of two days. As with a DUI, a first-time DWAI mandatory minimum can be suspended if you take and satisfactorily complete the classes and pay any financial obligations.
- Fines from $200 to $500.
- Twenty-four to forty-eight hours of public service with a mandatory minimum that the court cannot suspend.
- If you have a BAC of 0.20 or higher while driving or up to two hours after driving, you could receive a mandatory minimum jail sentence of 10 days. The jail sentence could be up to one year. As with a first-time DUI, the court has the discretion to choose sentencing alternatives.
- Probation for up to two years.
Second-Time DUI Offense
If you have a second DUI offense, you could be subject to the following penalties:
- Mandatory minimum of 10 days in county jail. The sentence could be up to one year. The court could impose sentencing alternatives. Deductions on your sentence are not applicable to the mandatory minimum except for jail time served prior to sentencing.
- Fines of $600 to $1,500, though the court could suspend the fine.
- Forty-eight to one-hundred twenty hours of public service. The court could suspend the mandatory minimum.
- Probation for at least two years.
If the DUI or DWAI happened less than five years after a previous DUI conviction, the court cannot use sentencing alternatives in lieu of county jail time. The law does allow for exceptions if you work, are enrolled and are attending school or are taking part in a Level II alcohol and drug driving safety education or treatment program that was ordered by the court.
Third-Time DUI Offense
If you are convicted for a third DUI offense, you could receive:
- County jail for at least 60 consecutive days. The sentence could be as long as one year. Sentence deductions are not applicable to the first 60 days, except for jail time served prior to the conviction. Additionally, the court cannot use alternative sentencing unless you are in a work release program or community corrections placement.
- Fines of at least $600 up to $1,500.
- Forty-eight to one hundred twenty hours of public service, with no suspension of the mandatory minimum of 48 hours.
- Probation for at least two years.
- Alcohol treatment as a condition of probation.
Fourth-Time DUI Offense
If you are convicted of a fourth DUI offense, it is a felony offense that is punishable by:
- Two to six years in prison.
- Three years parole.
- Forty-eight to one hundred twenty hours of public service.
Administrative DUI Penalties
In addition to the court penalties, Colorado has administrative penalties for DUI convictions. You can have your license revoked and incur points against your license.
For the first DUI offense, the state can revoke your license for 9 months and assess 12 points on your license. If you are convicted of DWAI for the first time, there is no license revocation, but you will incur 8 points on your license.
For a second DUI or DWAI offense, license revocation is 12 months. You will incur 8 points for a DWAI and 12 points for a DUI.
For third and subsequent DUI and DWAI offenses, license revocation is 24 months. You will incur 8 points for a DWAI and 12 points for a DUI.
If you are convicted of a UDD, you incur 4 points on your licenses for each offense. The state revokes your license for three months for the first offense, six months for the second offense and a year for the third and subsequent offenses.
Aggravating Factors
In cases with aggravating factors, the court may impose harsher sentences. Aggravating factors can include BAC levels of 0.15 or higher, DUI with minors in the vehicle, a DUI that causes the death or injury of another, and prior DUI convictions within a certain timeframe.
Defending Against a DUI Charge
If you are arrested for DUI, it is not something you should take lightly because of the ramifications of a conviction. While the court has some leeway in alternative sentencing, it is less likely to order alternative sentencing for more than one DUI or DWAI. An experienced DUI attorney like Michael Sheehan can help navigate you through this process.
Michael Sheehan will review the evidence the state has gathered and can take the necessary steps to build a defense for your case, including:
- Challenging the validity of the traffic stop.
- Questioning the accuracy of the BAC test.
- Fighting against improper procedure or a violation of your rights.
How to Hire a Colorado DUI Attorney
Not all criminal defense attorneys have experience in handling DUI and DWAI cases. When looking for a DUI attorney, be sure the attorney handles DUI and DWAI cases in your jurisdiction – the county where you received the DUI.
A local DUI attorney will have credibility with judges and rapport with prosecutors in that jurisdiction. A local attorney also knows the local rules – those that the courts in that county impose on attorneys and defendants.
Contact a Colorado DUI Attorney as Soon as Possible
A DUI or DWAI conviction is serious and can result in jail time for the first offense. A fourth offense increases the infraction to a felony. It is imperative that you understand DUI laws to ensure the safety of everyone on the road, including yourself.
If you have been arrested for a DUI or DWAI, contact Michael Sheehan today to help you through the process. He will review the state’s evidence against you, explain the different options for resolving your case, and do all that is necessary to ensure the best possible outcome.