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Facing DUI Charges in Colorado?

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, Douglas, El Paso, Fremont, Jefferson, Pueblo, and Teller.

Understanding DUI, DWAI, and DUI Per Se Charges in Colorado

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.

  • DUI (Driving Under the Influence): In Colorado, a DUI is charged when a driver has a Blood Alcohol Concentration (BAC) of 0.08% or higher. A DUI lawyer can help challenge the evidence, such as the BAC results or the validity of the traffic stop, to potentially reduce or dismiss the charges.
  • DWAI (Driving While Ability Impaired): A DWAI charge applies when a driver's BAC is between 0.05% and 0.079%. While the penalties are less severe than those for a DUI, a conviction can still have a significant impact on your life. Consulting a DWAI lawyer can provide you with the best defense strategy.
  • DUI Per Se: This charge is based solely on a BAC of 0.08% or higher. A good DUI defense lawyer can help you question the accuracy of the breathalyzer or blood test. These tests measure your blood alcohol content (BAC).

Automatic License Suspension and Administrative Review By The DMV

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.

Why You Need a DUI Attorney in Colorado

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:

  • Knowledge of Colorado DUI Laws: An experienced DUI defense attorney is knowledgeable in the latest DUI laws and legal precedents in Colorado. This knowledge can be invaluable when building a defense that challenges the prosecution’s evidence.
  • Defense Against Severe Penalties: A DUI conviction can lead to jail time, fines, and required alcohol education classes. It can also create a permanent criminal record. A DUI lawyer will work to reduce these penalties and possibly avoid a conviction altogether.
  • Experience in the Courtroom: A seasoned DUI defense attorney understands courtroom procedures. They can effectively negotiate with prosecutors or present your case to a judge or jury.

Penalties for DUI, DWAI, and DUI Per Se in Colorado

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:

First DUI Offense:

  • Up to 1 year in jail (the minimum is 10 days if the BAC was 0.20% or more);
  • Fines ranging from $600 to $1,000
  • Mandatory public service (48 to 96 hours)
  • License suspension for up to 9 months
  • Alcohol education and treatment programs

Second DUI Offense:

  • 10 days to 1 year in jail
  • Fines up to $1,500
  • Mandatory public service (48 to 120 hours)
  • License suspension for up to 1 year
  • Installation of an ignition interlock device for 2 years
  • Alcohol education and treatment programs
  • Persistent drunk driver: Labeled a persistent drunk driver (PDD) by the DMV

Third DUI Offense:

  • 60 days to 1 year in jail
  • Fines up to $1,500
  • Mandatory public service (48 to 120 hours)
  • License suspension for up to 2 years
  • Installation of an ignition interlock device for 2 years
  • Alcohol education and treatment programs
  • Persistent drunk driver: Labeled a persistent drunk driver (PDD) by the DMV

Fourth or more DUI Offense:

  • 4th or higher DUI offenses are felony charges which carry 2-6 years in prison
  • Fines up to $2,000-$500,000
  • Mandatory public service (48 to 120 hours)
  • License suspension for up to 2 years
  • Installation of an ignition interlock device for 2 years
  • Alcohol education and treatment programs
  • Persistent drunk driver: Labeled a persistent drunk driver (PDD) by the DMV

First DWAI Offense:

  • Up to 180 days jail (the minimum is 10 days if the BAC was 0.20% or more);
  • $200 – $500;
  • 24 – 48 hours of public service;
  • 8 DMV points; and
  • Up to 2 years probation

Second DWAI Offense:

  • 10 days – 1 year jail;
  • $600 – $1,500 fines;
  • 48 – 120 hours of public service;
  • 1 year license suspension;
  • 8 DMV points; and
  • At least 2 years probation

Third DWAI Offense:

  • 60 consecutive days – 1 year jail;
  • $600 – $1,500 fines;
  • 48 – 120 hours of public service;
  • 2-year license suspension;
  • 8 DMV points; and
  • At least 2 years probation

Hiring a DUI lawyer is important to understand penalties and find ways to reduce or avoid them.

What is the Impact of a DUI on My Future?

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.

Effective Legal Defenses for DUI Charges

Our team of expert DUI lawyers at Right Law Group utilizes several defense strategies to fight DUI charges, including:
  • Challenging the Traffic Stop: We assess whether the traffic stop was conducted legally. If it wasn’t, any evidence obtained may be inadmissible.
  • Questioning BAC Test Accuracy: We scrutinize the accuracy of breathalyzer and blood tests. These tests can sometimes yield false positives from improper calibration or administration.
  • Rising Blood Alcohol Defense: This strategy argues that your BAC was below the legal limit while driving and only rose above the limit after you were stopped and tested.
  • Medical Conditions and Other Factors: Certain medical conditions, like acid reflux or diabetes, can affect BAC readings. Our DUI attorneys will investigate these factors to help defend your case.

Choosing the Right DUI Defense Attorney in Colorado

Selecting the right DUI defense lawyer can greatly influence the outcome of your case. At Right Law Group, our team of experienced DUI attorneys in Colorado Springs, Castle Rock, and Highlands Ranch are dedicated to providing the highest quality legal representation. We offer:
  • Tailored Legal Strategies: We develop customized defense strategies based on the unique facts of your case.
  • In-Depth Knowledge of DUI Laws: Our DUI defense attorneys are up-to-date with the latest changes in Colorado DUI laws.
  • Compassionate Client Service: We are dedicated to helping our clients at every stage of the legal process. We make sure you understand your options and feel confident in your defense.

Contact Right Law Group - Your DUI Lawyers in Colorado Springs, Castle Rock and Highlands Ranch

Don’t face DUI charges alone. If you’ve been arrested for a DUI, DWI, or DUI Per Se in Colorado, contact the experienced criminal defense lawyers at Right Law Group today. We offer free consultations to discuss your case and start building a strong defense strategy. For more information on DUI laws in Colorado, visit the Colorado Department of Transportation DUI Laws page or review the Colorado Revised Statutes on DUI.

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Ask a Colorado Springs DUI Lawyer

What is the punishment for a DUI in Colorado?

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.

What is legally drunk in Colorado?

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).

Is a DUI a felony or misdemeanor in Colorado?

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.

How long is your license suspended for a DUI in Colorado?

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.

Is Colorado a zero-tolerance state?

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.

Will I get jail time for first DUI?

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.

How long does a DUI stay on your record in Colorado?

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.

How many points is a DUI in Colorado Springs?

In the state of Colorado, a DUI will result in 12 points to your license.

What does DUI stand for, and how is it defined in Colorado?

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.

What is the difference between DUI, DWAI, and DUI Per Se?

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.

What happens if my BAC is below 0.08%? Can I still be charged with something?

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.

What is Colorado's stance on marijuana and driving?

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.

What happens to my license after a DUI arrest in Colorado?

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.

What is a Persistent Drunk Driver (PDD) designation?

In Colorado, you can be designated as a PDD if:

  • You have two or more alcohol-related driving convictions or license revocations.
  • You continue to drive after your license is revoked or restricted for alcohol-related offenses.
  • You are caught driving with a BAC of 0.15% or higher, even for a first-time DUI offense.
  • You refuse to take a chemical test (breath or blood) when arrested for DUI.
What are the penalties for refusing a chemical test in Colorado?

Refusal Penalties: Refusing a chemical test in Colorado when arrested for DUI results in:

  • Increased License Suspension: One year for the first refusal, two years for the second, and three years for the third.
  • Ignition Interlock Device: You might be required to install an IID for two years upon regaining your license.
  • Evidence of Guilt: Your refusal to take the BAC test can be used against you in court as evidence of guilt.
Is a DUI conviction in Colorado permanent?

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.

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