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.