If you have been accused of a DUI in Colorado, you may be able to get the charges dropped or be acquitted of all criminal charges if you can introduce reasonable doubt about your guilt. Note that juveniles under 18 face a license revocation for accruing 6 points in 12 months or 7 points before turning 18. If you need guidance and immediate response, theyre the team youre looking for! ail Time Colorado takes these offenses seriously. This is a slight reworking of an idea that I've written on before, the first time nearly 10 years ago. deferred judgment in Colorado (C.R.S. Traffic Laws Colorado DUI Statute And Penalties January 3, 2023 0 0 In Colorado, the crime of DUI is governed by statute. The court has no discretionary power to reduce or suspend the 48 hours of minimum community service.Test refusal: A second offense test refusal will result in a 2 year license revocation. Jail Time: 5 days minimum up to 1-year; Fine: $600 minimum up to $1,000; . A DUI arrest in Colorado will generally lead to administrative license-related consequences. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. 2. 3. Subscribe to our News and Updates to stay in the loop and on the road! Once your suspension time is completed, with or without an IID, the DMV will send you a letter with steps to take to purchase an Unrestricted License. This form is encrypted and protected by attorney-client confidentiality. These penalties, known as Administrative Penalties, can cause an automatic suspension of your driver's license as well as fees and points depending on the offense. A first-time Colorado DUI conviction is a misdemeanor that can result in several criminal and civil penalties, including: Mandatory Jail Time A first-time conviction in Colorado for DUI comes with a mandatory minimum of five days and up to one year behind bars. The amount of time in jail can be increased at the courts discretion based upon the circumstances surrounding your case.Fines:The minimum fine amount is $600 and can increase up to $1,000 at the courts discretion.Community service: You will have to perform 24 to 48 hours of community service. 2023 Forbes Media LLC. A first DUI in Colorado is typically a misdemeanor unless there were aggravating circumstances such as causing a serious accident. Call and tell us your situation. However, even with a lower BAC or no chemical test results, a driver can face charges fordriving while ability impaired (DWAI), based on the observations of police.2The penalties for a DWAI conviction are slightly lower than for a DUI, including: Note that each successive DUI conviction will trigger harsher penalties. Can You Get DUI Charges Dropped in Colorado? However, aDWAI adds 8 points to your DMV record. Let's see how we can help. Your lawyer will help you to explore all your options for navigating the criminal justice system with the goal of protecting your license, finances, and freedom. This is called an administrative suspension and it occurs by default unless you take action and request a hearing within seven days of the time you receive notice. C.R.S. The penalties for a felony DUI conviction depend on the specific charge. In this article, ourColorado DUI defense lawyersdiscuss: First, second, and third DUIs are misdemeanors under Colorado DUI laws. These penalties may increase if the motorist has a high BAC or causes an accident. The court process is separate from the Administrative Process and has a different timeline. See our article onDUI firsts in Nevada. REVOCATION: When a driver refuses a chemical test for drugs or alcohol for a second offense, the period of revocation is for two (2) years. It will be impossible for your lawyer to present an effective case on your behalf to try and retain your drivers license over the phone. We offer consultations. You will be required to appear in court and enter a plea. The driver is eligible for early reinstatement after completing one (1) month of the revocation. What Happens if I Have a DUI in Another State? Get Your Free Consultation From a Lawyer Near You. There was a problem with the submission. This is a lesser standard of proof than will be required in your criminal case. You will also have to pay the $95 reinstatement fee and show proof of insurance (SR 22) for up to 3 years. But the offender is eligible for a license without the IID restriction after four months if there have been no violations. Therefore our lawyers are devoted to demystifying major topics in Colorado criminal defense law. It is important to understand that these are two separate and distinct paths of the process in the aftermath of a DUI arrest. In most cases, an adult cannot have their DUI expunged or have their criminal record sealed. How long it is revoked depends on whether or not you have had a previous DUI and what your alcohol content was for this arrest. The state must prove that you operated a vehicle while under the influence or that you were impaired to the slightest degree. The driver is eligible for early reinstatement after completing two (2) months of the revocation. You may also be eligible to take part in a Pre-trial Adult Diversion Program which would allow you to avoid a criminal record if you meet certain requirements, such as completing drug or alcohol counseling. He is a sought-after legal commentator and is licensed to practice law in Colorado, Nevada, California, and Florida. Second Time DUI Offenders - Misdemeanor Charge. Between 48-96 hours of community service; A mandatory three-month suspension of your driver's license; 12 points on your driving record. ignition interlock device on your car. All those above .15% must install an IID for at least 1 year following their suspension period. If you are arrested for drunk driving in Colorado, the Division of Motor Vehicles will automatically suspend your license for a period of time. First offense - up to $1,000 fine for DUI and up to $500 for DWAI. Getting arrested for DUI does not mean you will be convicted. Please complete the form below and we will contact you momentarily. A first UDD is not a crime: It is a Colorado class A traffic infraction a civil violation. So even if you do not seem high and are driving safely, you are automatically breaking the law by having a blood count of 5 ng/100 of THC (marijuanas active metabolite).2. ALL reinstatements are processed by mail. If you are 21 or older and a Colorado resident, you may be able to request early reinstatement of your license. BAC of 0.08% or higher can face a DUI per se charge, The Colorado DMV will suspend your Colorado drivers license after a DUI arrest, suspension of your Colorado drivers license, ignition interlock device (IID) in Colorado, Vehicular assault involving drugs or alcohol (C.R.S. Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Please try again later. You will also be required to turn over your license if you did not do so at the time of the violation. In some cases, you may be able to plead your offense down to a less serious crime such as reckless driving. Your search for an experienced DUI lawyer in Colorado ends at Maher & Maher Law, PC. Colorado Driver Handbook or visit the Department of Transportation website. You will be handcuffed and taken to a city or county jail. Potential consequences of a DWAI include: Jail is mandatory if you had a BAC of 0.20% or greater. Please refresh the page and try again, By clicking "Find a Lawyer", you agree to the Martindale-Nolo. 44 years later, Herbert is pulled over for an improper lane change in Littleton. Before the restricted license will be issued, the driver must complete alcohol/drug education and a treatment program. The court may also order you to perform between 48-96 hours of community service and add 12 points to your driving record. In addition to writing for the web, she has also designed educational courses and written textbooks focused on a variety of legal subjects. First time offenders face significant fines, but these monetary fines do not escalate dramatically. What Happens When You Get a DUI for the First Time in Colorado? Administratively, the DMV is coming after your driving privileges. Violating Colorado DUI laws for the third time is usually a misdemeanor offense. The table below shows potential penalties you could face under DUI Colorado laws. After all, knowing everything about DUI law in your state isnt very useful if you arent getting any cases. If a law enforcement officer requires you to take a test because of suspected drinking and driving and you refuse, you will be required to have an Ignition Interlock for 2 years. It is illegal for anyone under 21 to drive with a BAC of 0.02% or higher. From 10 days to 1 year in jail. All Rights Reserved. You must also complete Level II Alcohol Education and Therapy and maintain SR22 insurance (usually for three years).3. This compensation comes from two main sources. Contact Us Today! Colorado DUI law 42-4-1301(2)(a)states that it is a misdemeanor offense for any person with a blood alcohol concentration of .08% or greater to operate a motor vehicle in the state of Colorado. A tow truck will take your car and impound it. If a driver's BAC is .08% or more and it's the person's first violation, the revocation is for nine months. In Colorado, it is illegal, in and of itself, to drive a vehicle with a blood alcohol content of 0.080 or more. For example, if a driver has a prior DUI conviction that is 10-years or older, it can still be considered as a prior DUI. To have your license reinstated early, you have to complete the alcohol education course. The Forbes Advisor editorial team is independent and objective. If you are arrested for driving while under the influence of drugs or alcohol in the state, you must know the DUI Colorado laws so you understand what to expect. You have more than 5 nanograms of delta-9 tetrahydrocannabinol (the active metabolite in THC) per milliliter of whole blood, You have consumed alcohol or other substances that have caused impairment, even if your BAC is not over the legal limit. First offense 4.2. 5. All Rights Reserved by The NCDD, Download Sustaining Membership Application Form, How to Become Board Certified in DUI Defense Law, The ABAs Concise Guide to Lawyer Specialty Certification, Benefits to Become Board Certified - ABA Video, 3rd or subsequent Failed BAC test of .080 or higher, 2nd DUI or DWAI criminal conviction in a 5 year period, 3rd or subsequent DUI or DWAI criminal conviction, 3 months 1st offense 6 months 2nd offense 1 year 3rd or subsequent offense, 2nd Driving Under Revocation / Suspension convictions in a 5 year period, 3rd Major Traffic Offense in a 7 year period. Colorado law also prohibits a person under 21 years of age from driving when the person's breath alcohol content is at least 0.02 but not more than 0.05 at the time of driving or within two hours after driving, which is referred to as underage drinking and driving ("UDD").3 Probation Illegal searches & seizures Juvenile defense Violent crimes sentencing California Nevada 24/7 Help: (303) 222-0330 Before you call us: Please note: Our firm onlyhandles criminal and DUI cases, and only in California. The Colorado Division of Motor Vehicles (DMV) will revoke the license of any driver who has a BAC of .08% or more or refuses to take a chemical test. This summary does not include all the details contained in state law and regulations.Criminal Penalties. Contact a Denver DUI lawyer today to avoid the harsh realitiesof a DUI charge. Most drunk driving cases dont go to trial. If you do not request a hearing within the allotted time, your driving privilege will be revoked. You have been convicted of or had your drivers license revoked for two or more alcohol-related driving violations; You drive with a BAC of 0.15% (even for a first offense); or, You refuse to take a chemical test after being arrested. 7 days after receiving a revocation/suspension notice to request a hearing. was below 0.15, you reinstate early, drive only an Interlock vehicle and do not have any failed BACs ( .025), you may be eligible for an unrestricted license after 4 consecutive months of successful Interlock driving. 42-2-132.5(7) Licensing sanctions for violating the interlock restrictions. Note that adults 21 and older face a license revocation for accruing 12 points in a 12-month period or 18 points in a 24-month period. A high blood alcohol content DUI may require a mandatory ignition interlock device (IID) for at least 2 years to have the drivers license reinstated.4. See our related article on DUI in Colorado Springs. For the purposes of counting DUI convictions, a person is deemed to have a prior conviction for a: This includes a conviction for any of the above offenses in under the laws of any other state, the United States, or any territory subject to the jurisdiction of the United States, of an act that, if committed within this state, would constitute any of these offenses.20. A DUI offense in Colorado is a misdemeanor, and the penalties are the same whether it is an alcohol or drug DUI. Penalties for a second offense conviction of driving under the influence of alcohol can include: If the prior DUI was within the last five years, the 10-day jail sentence must be served all at once. If you have been accused of driving drunk or while impaired by drugs, contact a drunk driving defense lawyer as soon as possible. Penalties increase with each successive conviction; it does not matter whether the prior DUI occurred in Colorado or another state. It is possible you could be sentenced to between two and 180 days in jail for a first-time conviction for driving while ability impaired in Colorado. Your DUI case will be submitted to the local district attorneys office, which will prosecute the case. If you have been arrested for a DUI, you may be confused about what will happen to your driving privileges and what will happen with court. Colorado DWAI penalties are: First-time offenses result in 2 to 180 days in jail, fines of $200 to $500, and 24 to 48 hours of public service. However, if the defendant's BAC was .20% or more, the minimum jail sentence is ten days. Otherwise, you have to wait one year.1, Each drunk driving offense potentially carries criminal penalties and administrative DMV penalties. 42-1-102(68.5)(a) (Persistent drunk driver means any person who (IV) Refuses to take or complete, or to cooperate in the completing of, a test of his or her blood, breath, saliva, or urine as required by sections C.R.S. REVOCATION: When a driver refuses a chemical test for drugs or alcohol for a first offense, the period of revocation is for 1 year. The mandatory five days in jail can be suspended if the offender undergoes an alcohol and drug evaluation and successfully completes the treatment program. 2. If the defendant's license wasn't administratively revoked as discussed above, the court will generally impose a nine-month revocation upon a first conviction of DUI or DUI per se. One of the main factors is how many prior DUI convictions the driver has. A conviction for a first-time Colorado DUI can contain the following: A motorist with a BAC of 0.08% or higher can encounter a DUI per se charge. If you have been arrested for your first Colorado DUI or other Colorado drunk driving offense, please contact us at Colorado Legal Defense Group. The penalties for a first-time DUI include: Five days to 1 year in jail. However, motorists who refuse to take a chemical test on a first violation face a one-year suspension and are eligible for a restricted license after two months. If you are under 21 years of age, you will not be able to apply for a probationary license. 42-2-127 Authority to suspend a license. On the other hand, offenders under 21 may get their license revoked for a minimum of 3 months up to a year. However, if your blood alcohol content scored 0.15% or higher, you will be classified as a persistent drunk driver even if its your first offense. You can face felony DUI charges if you get a fourth DUI. Definitions and Penalties of Felony DUIs in Colorado. Yet, any excessive breath tests, IID interruption, or attempted circumvention can increase the penalties and license restrictions.18, If you have a prior conviction for a DUI in another state, it will count as a prior conviction for a DUI in Colorado.19.
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