What To Know About Colorado Dui Laws And Penalties

If you live in Colorado and you are currently driving, it's important that you know the basics about Colorado DUI/DWAI laws, and your responsibilities while driving. In accordance with the national trend, the punishment for driving under the influence in Colorado is much more severe than it used to be. There are a variety of ways that you can be punished for drunk driving now; starting with those that will be handed out by the court in the form of fines, community service, alcohol classes and even jail time. From the Colorado Division of Motor Vehicles, you can expect your driver's license to be suspended and conditions on post-DUI driving put into place.

Colorado Blood Alcohol Concentration (BAC) Laws:

In the state of Colorado there are several factors that will be taken in to consideration by the police when determining what DUI charges to file against you. The following are some of the types of charges that can be brought against a person driving under the influence of alcohol in the state of Colorado.

Driving Under the Influence in Colorado:

Technically speaking, you can be charged with DUI at any blood or breath alcohol level if it can be proven that you were substantially incapable to drive correctly due to alcohol or drugs. If your blood or breath is proven to be at a BAC of .08 or higher, with or without any impairment of your driving ability, you can be charged with DUI. This charge can be based purely on body chemistry even if you perform the field (roadside) sobriety tests perfectly. If your blood or breath is at a BAC of .20 or higher you may face a mandatory jail sentence, even on a 1st offense.

Driving While Ability Impaired (DWAI) in Colorado:

The authorities need only prove that you were impaired to the slightest degree to convict you of DWAI. If your blood or breath is at a BAC of .05 to .079, it is considered strong evidence that you were driving impaired. Blood re-tests or errors in the administration of a breath test can still produce a defense in some cases though. The science behind some of these laws can be questionable.

Colorado Division of Motor Vehicles Drivers License Suspensions:

Dealing with a DUI includes dealing with two separate and distinct branches of government. The Division of Motor Vehicles (DMV) concerns your privilege to drive. The court system concerns punishment and rehabilitation such as, alcohol treatment, jail, community service and secondarily any suspension of your drivers license dictated by whatever you may be convicted of. In many situations, these two branches of government process your case differently but at the same time. You must deal with them both. Hiring an attorney can help you through this complicated dual process.

A police officer may serve you with a Notice of Revocation after you take a breath alcohol test. If so, you have 7 days, starting the day after the day of the service, to request a DMV hearing or your license will in fact be suspended. Pay attention if you are served around midnight. If you request a hearing within 7 days of the day you were served with the Notice of Revocation, your right to drive continues until the date of the hearing (not including postponed hearings). This hearing is your opportunity to challenge the suspension in front of a hearing officer. You will need to determine whether to require the officer to be at the hearing or not.

If you chose a blood test, you will receive a Notice of Revocation in the mail at the address on record at DMV and the address on the ticket. This may take 30 days or more. This notice is considered received three days after it is mailed. The notice will tell you that you must request a DMV hearing by a certain date or your license will be suspended. You should be able to legally drive until the date of the hearing if you have requested the hearing properly. An attorney can help you with the presentation of the hearing, the strategy involved and the complexity of the system. The loss of license that you face is can be up to one year or more depending on the circumstances.

Possible First Time DUI (with no prior DUIs in any state) Penalties in Colorado:

In Colorado, a DUI conviction remains on your record for life. It continues to be used for criminal sentencing purposes if you get future DUIs or other traffic offenses. Penalties may include:

Up to one year in jail

Up to a $1000.00 fine

Up to 96 hours of community service

An alcohol evaluation and treatment/therapy as recommended by the probation department

12 points against your drivers license

An automatic license suspension of up to one year depending on the circumstances

Fees, fines and costs

If you face a DUI with one or more prior DUIs, in any state, your overall penalties are likely to be much higher. This is left to the judge who takes into consideration the special circumstances of your case. Tips on Hiring a Colorado DUI Attorney: Consider hiring a former prosecutor. They have seen the criminal justice system and the DUI laws from both sides. They may have a greater ability to speak prosecution to a prosecutor. Prosecutors tend perform more trials than other types of lawyers and it is therefore one of the finest training grounds for an attorney.

Consider whether you wish to take care of your case by finding the best way to limit the damage or whether you feel strongly about refusing to plead guilty to anything. You may need a good trial attorney, a good negotiator or both. The objective is to reduce the penalties and different situations call for different measures.

Consider whether you feel that you can trust the attorney that you are considering. Are you comfortable with their personality? You will have to discuss personal matters and there is no reason for you to suffer through a long a sometimes stressful process with an attorney that you find to be unpleasant and difficult to work with.

In sum, if you are charged with a DUI the most important decision you will make moving forward will be your selection of legal representation. Consider carefully the aforementioned points when choosing a Colorado DUI attorney that is right for you!


Copyright (c) 2010 Chuck Matthews

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