If you or a loved one has been charged with a DUI (Driving Under the Influence), DWAI (Driving While Ability Impaired), or DUI Per Se in Colorado, you need an experienced DUI defense attorney on your side.
At Right Law Group, our experienced DUI lawyers are ready to help you. We will explain your rights clearly and build a strong defense to protect your future. Contact us today for a free consultation to discuss your case. We have conveniently located offices in Colorado Springs, Highlands Ranch and Castle Rock.
Colorado counties we serve: Arapahoe, Denver, Douglas, El Paso, Fremont, Jefferson, Pueblo, and Teller.
When you're charged with a DUI, the DMV can take action on your driver's license separate and apart from any criminal case. While the criminal case can certainly impact your ability to drive, the DMV often initiates a completely independent process. We help our clients with both sides of this: the DMV administrative process and the criminal case. The DMV will hold a separate hearing, and depending on the outcome, your license can be suspended or revoked—even before the criminal case is resolved. Similarly, depending on how the criminal case ends, your license may also be impacted. To regain your driving privileges, the DMV often imposes specific requirements. These may include mandatory classes, signed affidavits, and in many cases, the installation of a breathalyzer device in your vehicle before your full license can be reinstated.
Being charged with a DUI, DWAI, or DUI Per Se is a serious offense in Colorado. These charges can lead to severe penalties, including hefty fines, driver's license suspension, and even jail time. The right DUI or DWAI attorney in Colorado can greatly impact your case. They offer expert advice and a strong defense plan.
After a DUI arrest in Colorado, the DMV will automatically suspend your license. However, you can request a hearing within seven days to challenge this suspension. While only around 10% of suspensions are overturned, it’s still worth contesting. We can subpoena officers, scrutinize inconsistencies, and advocate for your driving privileges to continue pending the criminal case.
Even if your suspension remains in place, we can work to secure an interlock restricted license which would allow you to continue driving so long as you do not have alcohol in your system when driving. While this restricted license can be costly, it’s a far better option than a complete loss of your driving privileges.
Navigating the legal system on your own can be overwhelming, especially when facing serious charges like a DUI. A DUI lawyer can explain Colorado's DUI laws and create a defense plan specifically for your case. Here are some reasons why hiring a DUI lawyer is crucial:
The cost of a DUI can be expensive and the penalties for DUI offenses in Colorado can be severe. Penalties vary depending on factors like the driver’s BAC level, prior offenses, and any aggravating circumstances. Here’s an overview of what you could face:
Hiring a DUI lawyer is important to understand penalties and find ways to reduce or avoid them.
A DUI offense can be charged as a misdemeanor or felony. If you are convicted of DUI in Colorado, you may face serious penalties. These can include losing your insurance coverage, paying higher premiums, and losing your job or career. This can also make it harder to find a job in the future.
Don’t let one wrong decision impact your life, job, or freedom.
Ask a Colorado Springs DUI Lawyer
The punishment for a DUI in Colorado will depend on a few factors. The main two factors being the Blood Alcohol Content (BAC) of the driver, and whether this was their first DUI conviction or if they had any previous ones. For a first-time DUI, depending on their BAC, a driver can face jail time up to one year, the revocation of their license for 9 months, community service, and alcohol classes. These penalties will be even steeper with consecutive DUIs.
Colorado’s legal limit is a Blood Alcohol Content (BAC) of .08. Anyone operating a vehicle with a BAC of .08 or higher will be charged with Driving Under the Influence (DUI).
In Colorado, a DUI is most often considered a misdemeanor. However, if the DUI in question causes the severe injury or death of anyone, or if it is the driver’s 4th or more DUI (in any amount of time), the charges will most likely be elevated to a felony.
The period of license revocation for a DUI in Colorado depends on the particular circumstances. For first a first DUI in Colorado, the minimum license revocation period is 9 months (which could be increased for extenuating circumstances). This period will also be longer for any subsequent DUI convictions the driver faces.
Yes, Colorado is considered a zero-tolerance state. This means that for drivers under the age of 21, it is unlawful for them to drive with a Blood Alcohol Content (BAC) of .02 – .05. A first-time offense within this range is considered an infraction rather than a misdemeanor. Any BAC over a .05 would be charged as usual.
There is no mandatory jail time for a first DUI unless the driver’s BAC was above .200. However, depending on the BAC, and other factors (such as serious injury or death) there is the possibility of jail time from 5 days all the way up to 2 years.
A DUI conviction in Colorado will stay on someone’s criminal record (and thus show up on any background checks performed) for 10 years after the conviction.
In the state of Colorado, a DUI will result in 12 points to your license.
DUI stands for Driving Under the Influence. In Colorado, you can be charged with a DUI if you operate a vehicle with a Blood Alcohol Concentration (BAC) of 0.08% or higher. This applies to both motorized and non-motorized vehicles like bicycles.
DUI charges apply when you operate a vehicle while impaired by alcohol or drugs, even if your BAC is below the legal limit. Prosecutors can use evidence like your behavior, driving patterns, and testimony from witnesses to prove impairment.
DUI Per Se charges are based solely on your BAC being 0.08% or higher, even if you don’t show signs of impairment. The penalties for DUI and DUI Per Se are the same.
DWAI (Driving While Ability Impaired) is a lesser charge applied when your BAC is between 0.05% and 0.079%. While the penalties for DWAI are less severe than DUI, they can still significantly impact your life.
Even if your BAC is below 0.08%, you can still be charged with DUI if the officer believes your ability to drive is impaired, even slightly.
If your BAC is between 0.05% and 0.079%, you can be charged with DWAI.
It’s crucial to remember that admitting to consuming any alcohol, even one drink, can be detrimental to your case, even if your BAC is below the legal limit.
Colorado has legalized recreational marijuana, but it remains illegal to drive under its influence. However, the DMV handles marijuana-related DUI (DUID) differently than alcohol-related DUI.
While a BAC reading over the legal limit leads to immediate DMV action, a positive THC blood test doesn’t automatically lead to license revocation by the DMV. However, a DUI-D conviction in court will eventually lead to DMV penalties.
Automatic Suspension: Following a DUI arrest in Colorado, the DMV will automatically suspend your license.
DMV Hearing: You have seven days from the date of your arrest or the date your blood test results are available to request a DMV hearing to challenge the suspension.
Contesting the Suspension: It’s highly recommended to contest the suspension, even though only a small percentage are overturned. An experienced DUI attorney can represent you at the hearing, cross-examine the arresting officer, and potentially find inconsistencies in the evidence or procedural errors that could lead to the reinstatement of your driving privileges.
Restricted License: If your license is suspended, you might be eligible for an interlock-restricted license, allowing you to drive with an IID installed in your vehicle.
In Colorado, you can be designated as a PDD if:
Refusal Penalties: Refusing a chemical test in Colorado when arrested for DUI results in:
DUI convictions in Colorado cannot be sealed under state law. However, if your DUI charges are dismissed, your record can often be sealed immediately. Consult with your attorney about the possibility of sealing your record if your charges are dropped or your case is dismissed.
