Colorado DUI Help

Colorado boasts the imposing Rocky Mountains and the awesome Colorado River, but get busted here for driving while impaired and you’ll face awesome and imposing Colorado DUI laws.

In this state you can be charged with DUI (driving under the influence of alcohol); DWAI (driving while ability is impaired); or a DUID (driving while under the influence of drugs) or a combination. Colorado DUI law states that a driver with a .08% BAC is incompetent to exercise clear judgment, maintain prudent care and control in the safe operation of a vehicle.  Under Colorado DUI law the prosecution does not require a chemical test for conviction, especially in cases where a test is refused.

A Colorado DWAI is a law of a slightly diluted color. To be convicted of this lesser offense only requires proof that the accused had a blood alcohol content (BAC) of .05% or was affected to the ‘slightest degree’ and was unable to exercise clear, unimpaired and ordinary judgment in the operation of a vehicle. This charge can also rely on physical signs of ‘being under the influence’ such as poor coordination, slurred speech and blood shot watery eyes. Prosecution under this section does not solely require a chemical test for conviction, although the chemical test can be used to establish a presumption of guilt. And refusing a test taints you with an ‘assumption of guilt’ which can be used against you in court.

Be aware that you can be convicted of drunk driving solely upon proof that a level of .08% BAC was reached within two hours of driving - regardless of whether you were actually drunk behind the wheel. This also makes a DUI conviction a lot easier for the prosecution.

In Colorado there is an “implied consent law” meaning that drivers implicitly agree to consent to a chemical test to determine BAC (Blood Alcohol Level) for suspicion of DUI. A refusal can result in a minimum license revocation of 1 year.

Even though there are no predetermined levels for a DUID (driving under the influence of drugs), when a chemical test (urine, saliva or blood) comes back positive for an intoxicating drug – even for over-the-counter drugs – it’s a safe bet that the driver will be prosecuted.

If you haven’t been drinking or you believe that you might have ingested or inhaled alcohol based paints or solvents, other ‘benign sources’ (mouthwash) or drugs (such as antihistamines or over the counter drugs) be aware that you can still arrested for driving in an impaired or unsafe manner, even if you are not  ‘legally drunk’ under Colorado DUI law. 

Under the interstate compact law if you are convicted of a Colorado DIU the Department of Revenue, Division of Motor Vehicles will notify your home state which will take action as if you were convicted there.

As in most states, an Colorado DUI makes you trek through two gauntlets, and each must be defended separately. First, there is the Alaska DMV hearing, and also the criminal court case -- a combination which results in punishment that includes loss of driver’s license, jail time, fines, mandatory DUI laws, educational programs, ignition interlock devices, and more. That is why it is critical to contact a reliable and expert Colorado DUI defense lawyer right away, in order to protect your rights both in court and with the Colorado DMV. Generally, license suspension and other penalties run concurrently (at the same time) with the court sanctions.

Across the country DUI laws and evidentiary procedures are being challenged. To be certain that you have the correct and current knowledge contact a DUI specialist. In any case, when you are stopped and arrested for suspicion of a Colorado DUI, request to see a DUI attorney, the sooner the better. 

-- Info You Should Know --

I’m Simply Going To Plead Guilty, Why Do I Need A Lawyer?

An experienced and skilled DUI lawyer may be able to help mitigate your problems by minimizing your legal problems and maximizing your defense. A Colorado DUI conviction can reflect on credit ratings, job opportunities, insurance premiums and in other ways you might not be aware of. A Colorado DUI defense attorney will level the playing field between you and the prosecution, effectively present your side of the case while safeguarding your constitutional rights.

Should I Retain A Colorado DUI Attorney?

Colorado DIU convictions and penalties can be long lasting and severe, both in court and with the DMV which regulates your driving privileges. These penalties and the numerous and complicated laws relating to DUI charges should be taken very seriously. It is next to impossible to beat, or even mitigate an Colorado DUI charge without an experienced DUI lawyer.

What’s A DUI Defense Attorney Going To Cost?

One of the biggest concerns for people charged with a DUI is are attorney fees. As cases vary, so does cost. Most people don’t realize that money spent now on skillful help from an Colorado DUI attorney might save them thousands of dollars in the years to come. Can you put a price tag on your rights, your name and your freedom?

 

What Are Statutory Assessments?

Additional court costs, depending on the penal or vehicle code violated.

 

What Happens In Court?

You’ll have to make several appearances. In a criminal case you have the right to a jury trial with presumption of innocence, but once convicted, it can be up to the judge what punishment you will receive. The sentencing range, and whether the offense will be a misdemeanor or a felony, is based on a number of things including the number of prior DUI convictions. There may also be penalty enhancements due to aggravated circumstances.

 

In addition, a judge may require you to participate in alcohol or drug treatment programs as part of a parole (probation) program or have an ignition interlock device installed on your vehicle. A condition of parole may be that you not drink or congregate where any alcoholic beverages are served (save for ball parks, concerts, restaurants).

 

Can I Plea Bargain?

Many cases are resolved prior to trial, but it is next to impossible to beat or plea bargain a Colorado DUI charge without an experienced DUI lawyer. Often effective DUI counsel will be able to negotiate a plea to a lesser charge. While the plea bargain is extremely advantageous to anyone accused of a Colorado DUI — remember that if the original charge was DUI, a conviction to any of the following lesser crimes will still count as a prior for calculating the mandatory minimums should that driver re-offend.

Is Punishment by the Division of Motor Vehicles and the Criminal Courts Double Jeopardy?

Like most states Colorado DUI law permits the enforcement of administrative penalties in addition to court punishments, as the state considers driving a privilege, not a right, and not subject to the protection of civil liberties. Colorado’s DMV administers driver’s licenses, imposes civil penalties, and also serves as the judge, jury and metes out punishment as well.

What if I Am An Out of State Driver?

Be advised that 45 states and the District of Columbia have an out of state Driver’s License Compact Agreement, meaning that Colorado DUI convictions will be reported to your home state which will generally take action to suspend your license. Offenses for out of state drivers can also create other complications. Consequently, it’s imperative that you contact a local Colorado DUI attorney to walk you through the procedures and insure that you don’t face complications with bail, jail, and your driving privileges.

– Colorado DUI Criminal and Administrative Penalties –

1st DUI Offense

2 days to 180 days in jail.

$100 to $500 in fines.

24 to 48 hours of approved community service.

You may be ordered to complete an alcohol evaluation or assessment, an alcohol education program, or an alcohol treatment program at your own expense.

Refusal to take a chemical DUI test will result in revocation of license of 1 year.

DWAI 1st Offense

2 days to 180 days in jail.

$100 to $500 in fines.

24 to 48 hours of approved public service.

The court may sentence you to attend a victim’s impact panel.

DUI 2nd Offense

5 days to 1 year in jail.

$300 to $1000 in fines.

48 to 96 hours of community service.

Undergo alcohol assessment and attend education program and/or victim impact panel.

SR – 22 ‘high risk’ insurance may be required.

Abstinence from alcohol.

DWAI 2nd Offense

45 days to 1 year in jail.

5 days jail, mandatory.

$300 to $1000 in fines.

48 to 96 hours of community service.

Plus alcohol assessment and education program and attendance at victim impact panel.

DWAI with Prior DUI

60 days to 1 year in jail.

6 days jail, mandatory.

$400 to $1200 fine

52 to 104 hours of community service.

Plus alcohol assessment and education program and attendance at victim impact panel.

DUI with prior DWAI

70 days to 1 year in jail.

7 days, mandatory.

$450 to $1500 fines.

56 to 112 hours of community service.

Alcohol assessment and education program and attendance at victim impact panel.

DUI 2nd Offense

90 days to 1 year in jail.

10 days mandatory jail (even if your last DUI was 20 years ago in another state, or your BAC was over .02%).

$500 to $1500 in fines.

60 to 120 hours of community service.

Plus alcohol assessment and education program and/or attendance at victim impact panel.

Commercial Driver’s License Penalties

A BAC of .04% or higher, and you lose your commercial driver’s license for 1 year, as well as being subject to criminal penalties. The Colorado DMV can pull your CDL for a first time DWAI or DUI that occurred in any vehicle – so commercial drivers should consult with a Colorado DUI attorney or risk losing your livelihood.

Juvenile DUI

The threshold for alcohol related offenses for minor drivers is .02%.

A BAC in the range of .02% to 05% is often called a "Baby DUI", but can carry the same criminal penalties as those imposed upon adults.

1st conviction for “Baby DUI”  imposes a 3 month license suspension, even if they are non guilty in court.

A 2nd or subsequent Baby DUI may be punished as a class 2 misdemeanor– up to 90 days in jail, fines, court costs and community service.

Over 0.05% BAC, juvenile drivers are also subject to minimum revocation of driver’s license for 1 year.

These penalties are in addition to any charges for minor in possession (MIP) of alcohol.

Alcohol assessment and education program and/or victim impact panel.

There can be additional penalties over and above the aforementioned for underage drinking and driving upon the discretion of a judge.

Refusing a Chemical Test

Even if found not guilty of a DUI in court but you refused the chemical BAC test, the Colorado DMV will likely pull your license for a year.

Things You Should Consider

Colorado DUI costs, including fines, fees, insurance increases, mandated alcohol classes, and projected attorney fees, are estimated to be close to $9000, according to the state.

Colorado is a member of the Interstate Driver's License Compact, and will ‘tattle’ to 45 other states about DUI and DWAI convictions. This may cause license revocation in your home state. Coloradans with DUI arrests from other states will require a DMV hearing to protect their driving privileges at home.

Enhanced conviction when BAC is .20% or greater and leads to fines of $500 to $1500, 90 days to1 year in jail (10 days mandatory), 1 year license suspension, and public service of 60 to120 hours (60 hours mandatory).

Ignition interlock law requires that drivers who test over 0.17% BAC are required to install and drive with an interlock device on their vehicles for at least 2 years.

Interlock system for 1 to 5 years for repeat offenders.

Colorado DUI or DWAI convictions remain on record for a defendant's lifetime.

The Colorado DMV has a “look back” period of 5 years for considering lengths of suspensions and revocations. 7 years for a Habitual Traffic Offender designation.

In Colorado DUI and DWAI are considered "misdemeanor criminal offenses" and a conviction can lessen your chances of getting some jobs and may injure or end a military or law enforcement career.

Persons charged with DUI or DWAI have only 7 days from the date of arrest to request a hearing with the DMV (to be scheduled within 60 days). If defendant does not request the hearing on time, or does not attend the hearing the license will be suspended. Until outcome of the hearing a license remains in good standing.

Colorado DMV will not issue red probationary licenses for 1^st time offenders (including work and care of children or family members), during the first 30 days license revocation.

1^st time offenders can be subject to an auto interlock requirement.

Do you really need any more reason to retain a Colorado DUI defense attorney?

– Disclaimer –

Only educated and licensed Colorado DUI specialists should provide you with bonified legal advice. Consequently, the aforementioned information on this web site should not be construed as legal advice, rather suggestions and a range of helpful information and should not be substituted for speaking with an accredited Colorado DUI attorney. There is no warrantee, expressed or implied herein. These issues are complicated, laws change and litigation takes experience. Please let us refer you to a seasoned Colorado DUI professional.

– Criminal Code Citations–

42-4-1301(1)(a) Outward signs.

42-4-1301. Driving under the influence - driving while impaired - driving with excessive alcoholic content - penalties.
42-4-1301.2. Refusal of test - effect on driver's license - revocation - reinstatement.
42-4-1301.1. Expressed consent for the taking of blood, breath, urine, or saliva sample - testing.
42-2-138. Driving under restraint - penalty.
42-2-132.5. Mandatory and voluntary restricted licenses following alcohol conviction.
42-2-127. Authority to suspend license - to deny license - type of conviction - points.
42-2-126. Revocation of license based on administrative determination.
42-2-125. Mandatory revocation of license and permit.
42-2-132. Period of suspension or revocation.

Colorado Senate Bill 03-076 "Probationary licenses for first time DUI" Colorado Revised Statute 42-2-126, (the Colorado Department of Revenue shall revoke the driver's licenses of all persons who drive with a BAC over 0.08&).

http://www.revenue.state.co.us/

HB 1026 Refusal to test/DUI

HB 1279. Driving under the influence.