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Colorado’s DUI laws have a progressive penalty system that gets stricter on a second, third, and fourth DUI basis. Offenses are misdemeanors unless a driver has had three or more convictions, in which case a Class 4 felony will be applied. Colorado DUI penalties are different if the person under the influence causes serious injuries or death.
The state’s laws consider you to be “under the influence” of alcohol if your blood alcohol content level (BAC) is 0.080 or higher or if you are suspected to be under the influence of other chemicals such as marijuana, illegal drugs, and prescription drugs. If your results are below 0.080 but higher than 0.050, you may still be charged with driving while ability impaired (DWAI). You can be charged with DUI if you refuse to submit to a chemical test.
Substantial incapacitation that renders you incapable of operating a vehicle will result in you being guilty of a DUI.
Nick was very knowledgeable and friendly when I asked him about a traffic ticket. He answered all of my questions in a timely manner. Right Law Group is an excellent criminal defense law firm and the attorneys are top notch. 10/10 will recommend to family and friends.
I called Right Law group to ask about a speeding ticket. I spoke with a lady named Rachelle. She was very helpful with answering my questions. At the end of our conversation I felt she understood how I was feeling. I appreciated her willingness and the time she spent with me. Thank you.
I can’t stress enough how helpful and professional the staff were. Nanette was stellar! She exceeded all of my expectations. Thank you for helping me and for getting back to me so quickly.
Chelle was great meeting. Even though we did not end up needing to work with her. We were super impressed with her knowledge and professionalism. If we ever have the need she will be my first call.
The thing that's impressing about Alexis and her team is nothing's sugar coated. She and her law firm is very straight forward. They will tell you what to expect each step of the way. They care about their clients, very exceptional!
I called in and spoke to Rachelle about a speeding ticket I got a few months back. She was super helpful and helped me thoroughly understand the process of what will happen. She was very helpful and very knowledgeable. Thanks Right Law Group and thank you Rachelle!
Excellent customer service. I worked with Mailyn and she was so polite and nice to work with. Definitely knows her business. Will continue to use this company. I would recommend right law group to anyone that needs legal help.
Very responsive and professional in all communications. I would highly recommend this firm and their services.
So far this law group has been fantastic. I get updates on my case all the time. They keep me informed, which makes me feel better. Extremely nice personnel who are very helpful and answer all your questions.
A first-time conviction is considered a misdemeanor that results in:
Offenders may have to take one or more alcohol education classes.
Note: If a defendant’s BAC is 0.15% or higher, the individual will be considered a persistent drunk driver (PDD) and will be charged as a repeat offender.
A second-time conviction is considered a misdemeanor that results in:
Alcohol education classes may be required.
A third-time conviction is considered a misdemeanor that results in:
Alcohol education classes may be required.
Colorado law (42-4-1301 C.R.S.) states that after three or more violations, the driver will be charged with a class 4 felony if the driver was found guilty for the prior convictions. A felony is a much more serious crime that will result in:
DWAI penalties are less severe than their DUI counterparts, but they still have a progressive system where each offense results in harsher punishment.
Colorado DWAI penalties are:
All DWAI offenses result in 8 DMV points, and if a fourth charge is filed against a driver and they’re found guilty, they will face the same punishment as a person with four or more DUIs.
Nick was very knowledgeable and friendly when I asked him about a traffic ticket. He answered all of my questions in a timely manner. Right Law Group is an excellent criminal defense law firm and the attorneys are top notch. 10/10 will recommend to family and friends.
I called Right Law group to ask about a speeding ticket. I spoke with a lady named Rachelle. She was very helpful with answering my questions. At the end of our conversation I felt she understood how I was feeling. I appreciated her willingness and the time she spent with me. Thank you.
I can’t stress enough how helpful and professional the staff were. Nanette was stellar! She exceeded all of my expectations. Thank you for helping me and for getting back to me so quickly.
Chelle was great meeting. Even though we did not end up needing to work with her. We were super impressed with her knowledge and professionalism. If we ever have the need she will be my first call.
The thing that's impressing about Alexis and her team is nothing's sugar coated. She and her law firm is very straight forward. They will tell you what to expect each step of the way. They care about their clients, very exceptional!
I called in and spoke to Rachelle about a speeding ticket I got a few months back. She was super helpful and helped me thoroughly understand the process of what will happen. She was very helpful and very knowledgeable. Thanks Right Law Group and thank you Rachelle!
Excellent customer service. I worked with Mailyn and she was so polite and nice to work with. Definitely knows her business. Will continue to use this company. I would recommend right law group to anyone that needs legal help.
Very responsive and professional in all communications. I would highly recommend this firm and their services.
So far this law group has been fantastic. I get updates on my case all the time. They keep me informed, which makes me feel better. Extremely nice personnel who are very helpful and answer all your questions.
Drivers that are involved in an accident while being impaired will immediately face a felony charge if the accident resulted in serious injury or death. The charges faced include:
Vehicular Assault
An accident that results in serious injuries will be considered a Class 4 felony and warrants:
Vehicular Homicide
If the accident results in the death of another driver, a Class 3 felony will be assessed, which comes with more severe penalties. A defendant, if found guilty, will face:
Colorado has a zero-tolerance policy for all underage drivers. If an underage driver has a BAC of 0.05% or higher, they will be treated as an adult and face the respective DUI and DWAI laws.
If the driver’s BAC is 0.02% or higher, they will also face a progressive system that allows for the first offense to not be considered a crime. Subsequent offenses are a crime.
Any convictions after the fourth offense may require alcohol or education programs at your own expense.
The process begins with either an arrest or a summons. The accused is either arrested or served with paperwork summoning them to appear in court. During an arrest, Miranda rights may or may not be read to you. Officers are only required to recite your rights if they intend to question you about potentially incriminating things.
In most cases, you're entitled to have a reasonable bond set after you've been arrested. In situations involving domestic violence, the police will request input from the victim before setting a bond. Bonds are set to ensure that a person appears in court at their court dates. If they don’t show up, they forfeit the money that was paid for the bond.
Whether you are arrested or given a summons to appear, the court must make sure you understand what crimes you are being accused of committing. This is called advisement of charges. The District Attorney will detail the specific charges against you, and the Judge has to make sure you understand what possible penalties are associated with that charge in the state.
A preliminary hearing is a way for your defense attorney to challenge the District Attorney’s right to bring charges against you by making them prove that there is reason to believe you committed a crime. The Judge is not deciding your guilt or innocence, but rather whether or not there is probable cause to charge you with the crime in question.
This court date comes after your attorney has reviewed all of the reports and evidence in your case. Here’s where your attorney will engage in plea negotiations with the DA. If they can reach an agreement on the case, you may be able to take a plea bargain. If they cannot reach a resolution, your case will be set for an arraignment or trial date.
An arraignment is the final date for you to decide how you choose to plea. Guilty or not guilty. If you plead guilty, then the case is set for a sentencing date. If you plead not guilty, you and your attorney will then set the case for trial.
A motion hearing is when an attorney makes a request that requires a decision from the judge. For example, motions to suppress evidence or statements. These motions can limit the information that goes before a jury if it benefits your case, and there are legal grounds for doing so.
A pretrial readiness conference is held at some point before trial. It usually is held about a week to a month before the date trial is set to begin. This court date ensures everyone is ready to go to trial on the set date. It is also a time for lawyers to bring up any issues they may have to be addressed before the day of trial.
After a jury is selected for trial, the District Attorney’s responsibility is to present the case to the jury. The DA must prove beyond a reasonable doubt that you are guilty of the crime. Otherwise, the jury must find you innocent. Your attorney will be able to cross-examine all of the witnesses, present evidence, and ultimately help you navigate this process.
At sentencing, the Judge must decide the appropriate legal penalty for the crime you plead guilty. The Judge’s decision is based on the listed penalties for the specific charge, recommendations from the presentence investigation, your criminal history, as well as statements made at the sentencing by the District Attorney, your attorney, you, and any named victims of the crime.
At Right Law Group, we understand the stress you are under. Our Criminal Defense Law Firm is here to guide you down the right path to your legal challenge. Whether you are facing your first DUI, a drug charge, need a restraining order, or are facing another type of criminal charge, our firm is committed to your well-being and protecting your rights the right way.
The penalty for a DUI in Colorado depends on a number of factors. The primary factors are whether or not the driver has had any previous DUI convictions, what their BAC was at the time of arrest, and if anyone was seriously injured or killed in an accident caused by the impaired driver. Penalties could include fines, jail time, community service, alcohol classes, interlock device requirements, and license suspension.
Jail time for a DUI in Colorado will depend on if the driver has had any previous DUI convictions. For a first offense, jail time is not mandatory but still possible. Mandatory jail time starts with a driver’s second DUI conviction.
In Colorado, a DUI charge will stay on your record permanently unless you are given a deferred sentence. It is also important to note that Colorado does not have a “lookback” period, meaning that if you are charged with a 2nd DUI 15 years after your first, it will still be considered a second offense for penalty purposes.
Have you been charged with a DUI and are now facing Colorado DUI penalties? If you need help navigating the Colorado DUI laws, contact Right Law Group today for a free case evaluation. You may be able to keep your license. Call us now to get help. An experienced Colorado Springs DUI lawyer can help get you through this. Contact us today for a FREE consultation.
