Being charged with driving under the influence (DUI) in Colorado is a serious offense — and the biggest mistake you can make is treating it as a glorified traffic offense. Many people are not aware of the fact that you are required to take action within a week of the DUI or DWAI charges. This is why it is important to hire representation immediately. The knowledgeable DUI lawyers at the Gasper Law Group are here to help you understand what to do if you’re charged with a DUI or DWAI. Our experienced DUI attorneys can help defend your rights and fight the charges against you following a DUI-related incident.
DUI Laws in Colorado
Colorado divides impaired driving offenses into two separate categories: DUI and DWAI.
DUI is further separated into two distinct categories, a DUI and a DUI Per Se. DUI is driving a vehicle (including a non-motorized vehicle, such as a bike) while under the influence of alcohol, one or more drugs, or a combination of alcohol and drugs. The law defines drugs as “controlled substances,” and includes things such as prescription drugs, illegal drugs, toxic vapors, inhaled glue, and aerosol. You do not need to have a specific blood-alcohol level to be charged with a DUI in Colorado, meaning you can still be charged with DUI even if your test result comes back below 0.08. You can and will be charged with a DUI if you refuse to submit to a chemical test while showing signs of impairment or being under the influence.
In order to be charged with a DUI per se, you need to have a test that shows your blood-alcohol content (BAC) is above the legal limit of 0.08. This is regardless of whether you were displaying impaired driving or not. If you are charged with a DUI per se, then prosecutors will have to prove in court that your BAC levels exceeded the legal limit while you were driving or within two hours after driving.
DWAI stands for driving while ability impaired. It occurs in Colorado when someone over age 21 has a minimum BAC level of 0.05 but is less than 0.08. If under 21, a BAC level of 0.02 qualifies as a DWAI.
Once you are taken into police custody, you may be charged with a DUI or DWAI. If you are arrested, you should contact our DUI attorneys as soon as possible to help. We can explain your rights, the possible consequences for conviction, and what will help or hurt your case.
DUI License Suspension
If you refuse a chemical test, then your driver’s license is automatically suspended. If you are under age 21, the threshold for drunk driving is lower and license suspension is longer. If you have a notice of revocation issued by a police officer, you have just seven days from arrest to request a DMV license suspension hearing. If the license was not surrendered at the time of the stop it must be surrendered to receive a temporary driving permit. If you miss this deadline, you cannot get a restricted permit to drive to work. The hearing itself will take place within 60 days and offers you the chance to get your driver’s license back.
DUI Arraignment Hearing
If you are charged with a DUI due to the results of a chemical test, then you will receive a citation or summons for an arraignment hearing. At this hearing, the judge will explain the charges against you and the punishments you may face if convicted. This hearing should not be missed. Otherwise, a warrant will be issued for your arrest.
After evidence has been heard from both the defense and prosecution, it will be decided if your license is to be suspended or not. If you fail to attend your hearing, then your license is suspended automatically for one year.
DUI Pre-trial Conference
After the arraignment hearing, your DUI lawyer will enter into the pre-trial conference on your behalf. The DUI lawyers at the Gasper Law Group know how to fight your drunk driving case, from questioning the traffic stop to challenging the physical evidence. We know the area prosecutors and judges and where there is room to negotiate a favorable outcome to limit the jail time and impact on your life. Our legal team has helped hundreds of clients keep their licenses, stay out of jail, and avoid the harshest consequences.
During the pre-trial negotiations, our DUI attorneys may be able to work out a plea deal with the prosecution. You may be eligible for diversion programs to avoid a conviction on your record, but you have to watch your step on drunk driving probation.
If a plea deal is not made, then your case will move on to the trial, where it will be heard by a judge or jury. They will then decide on your innocence or guilt.
Colorado DUI Penalties
Both criminal and civil penalties for drunk driving can be harsh and often include the loss or suspension of license, large fines, substance-abuse treatment, jail, community service, restitution, criminal record, and restrictive probationary license programs including ignition interlock devices and Cinderella licenses. In addition, the social stigma and effect on your career may have lifelong negative consequences.
You may or may not be required to complete a series of alcohol classes as a condition of a plea bargain or a deferred sentence for an alcohol-related offense, but Colorado law will require these classes as a condition of driver license reinstatement.
The penalties for a DUI and a DUI per se are the same. They are broken down by the number of DUI offenses you have had. It doesn’t matter how long ago the previous convictions took place, and it doesn’t matter if your previous DUIs occurred in Colorado or not — they can occur in any other state and still be counted against you. If there are aggravating circumstances involved, such as bodily injury to another due to the DUI, then the defendant can be sentenced to up to 12 years in prison.
First DUI or DUI Per Se
This is a misdemeanor. The penalties are:
- A minimum of five days or up to one year in jail
- As much as $1,000 in fines
- As much as 96 hours of community service
- Suspension of your license for nine months
If you had a BAC of 0.15 (even a first offense) you will be labeled as a “persistent drunk driver” and the sentencing for this offense is the same as for a repeat DUI offender.
Second DUI or DUI Per Se
This is a misdemeanor. The penalties are:
- A minimum of 10 days or up to one year in jail
- Fines of as much as $1,500
- As much as 120 hours of community service
- Suspension of a driver’s license for one year
- The installation of an ignition interlock device for two years
Third DUI or DUI Per Se
This is a misdemeanor. The penalties are:
- A minimum of 60 days to one year in jail
- Fines of as much as $1,500
- Up to 120 hours of community service
- Suspension of your license for two years
- The installation of an ignition interlock device for two years
Fourth DUI or DUI Per Se (Or More)
This is a Class 4 felony, even if no one was harmed as a result of the DUI or DUI per se. The penalties are:
- As many as six years in state prison with three years of parole
- Fines of as much as $500,000
- Suspension of driver’s license for two years
Colorado DWAI Penalties
The DWAI penalties in Colorado follow the same format as DUI penalties. The severity of the penalties you face depends on how many times you’ve been convicted of a DWAI before. It also doesn’t matter how long ago the previous convictions took place. Additionally, previous DWAIs can occur in any other state and still be counted against you.
First DWAI
This is a misdemeanor. The penalties are:
- A minimum of two days in jail to up to six months in jail
- Fines of as much as $500
- Up to 48 hours of community service
- 8 DMV Points
Second DWAI
This is a misdemeanor. The penalties are:
- A minimum of 10 days to as much as one year in jail
- Up to 120 hours of community service
- 8 DMV points
- Suspension of your driver’s license for up to one year
Third DWAI
This is a misdemeanor. The penalties are:
- A minimum of 60 days in jail to as much as one year in jail
- Fines of as much as $1,500
- Up to 120 hours of community service
- 8 DMV points
- License suspension for two years
Fourth DWAI
This is a Class 4 felony. The penalties are:
- A minimum of two years and a maximum of six years in prison
- Fines of as much as $500,000
- License suspension for two years
Colorado DMV Point System
DMV points are a system used in Colorado to track demerits against your license. If you are over age 21, then 12 points or more accumulated against your license in one year or 18 or more points in a period of 24 months will result in a suspension of your license.
Can You Seal a DUI?
If you are found guilty of a DUI or DWAI in Colorado, these convictions can never be sealed under state law. However, if the charges against you are dismissed, they can be sealed.
Contact Our Colorado Springs DUI Lawyers
DUI and DWAI are serious charges with severe consequences and a conviction can impact your life in a variety of ways for years to come. Hiring a Colorado Springs DUI attorney can make all the difference in your DUI-related incident. The skilled attorneys at the Gasper Law Group have the knowledge and resources to help you navigate the complicated DUI/DWAI charges against you and prepare the best defense possible. Contact us today for a free initial consultation.
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