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DUI / DWAI

Colorado DUI Overview & Penalties

You or a loved one may have received a Summons and Complaint for a Colorado driving under the influence (DUI).  Those who are under the legal age to drink will be charged with Underage Drinking and Driving (UDD) if they have a blood alcohol concentration (BAC) level from .02 to .05 percent.  Adults with a BAC of .05 to .079 percent will be charged with driving while ability impaired (DWAI), and those with a BAC of .08 and above will be charged with DUI.  Anyone with a BAC over .20 percent will be subject to more severe penalties.

The crimes of DUI, DUI per se, and DWAI are generally misdemeanor offenses which may result in fines or jail time.  Colorado has very strict DUI laws and your case may be charged as a felony for repeat offenses or certain aggravating factors.

DUI is defined in CO Rev § 42-4-1301(1)(f) as follows:

“Driving under the influence” means driving a motor vehicle or vehicle when a person has consumed alcohol or one or more drugs, or a combination of alcohol and one or more drugs, that affects the person to a degree that the person is substantially incapable, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.

DUI per se is driving a motor vehicle when a person's BAC is 0.08 or more within two hours after driving.

DMV License Suspensions

If you are cited for DUI or DWAI, your license may be taken immediately, or you may later be notified by Colorado DMV of a license suspension in the case of a blood test showing your BAC was greater than .08.  You have just 7 days from the time of your arrest to request a Colorado DMV hearing.

Call Us For Help

You must act quickly to begin your defense and seek a hearing with the DMV.  We invite you to contact our caring attorneys at Kanthaka Law for free consultation.  We will work with you to explore the best ways to defend against a Colorado DUI or DWAI.

Colorado DWAI Penalties

DWAI is generally a misdemeanor in Colorado.  Potential consequences of a Colorado DWAI include:

A 1st Offense DWAI in Colorado (CO Rev § 42-4-1307(4)):

  • 2 days – 180 days in jail,
  • A fine of $200-500,
  • 24-48 hours of useful public service, and
  • 8 points on your DMV driving record

If your BAC is .20 or more the court must impose a mandatory minimum of 10 days in jail.  Second and subsequent DWAIs are sentenced the same as DUI or DUI per se offenses.

Colorado DUI & DUI Per Se Penalties

Driving under the influence is a generally a Colorado misdemeanor.  Consequences of a Colorado drunk driving misdemeanor can include:

A 1st Offense DUI or DUI Per Se in Colorado (CO Rev § 42-4-1307(3)):

  • 5 days – 1 year in jail,
  • A fine of $600-1,000,
  • Driver's license suspension of up to 9 months, and
  • 48-96 hours of useful public service

However, if your BAC is 0.20% or higher, you will be designated a Colorado persistent drunk driver (PDD) and sentenced as a repeat- DUI offender, even if it is your first offense.

A 2nd Offense DUI or DUI Per Se in Colorado:

  • 10 days – 1 year in jail,
  • A fine of $600-1,500,
  • Driver's license suspension of up to one year,
  • 48-120 hours of useful public service, and
  • Ignition interlock device for two years following license reinstatement

A 3rd DUI or DUI Per Se offense in any jurisdiction can lead to penalties of:

  • 60 days – 1 year in jail,
  • A fine of $600-5,000,
  • Driver's license suspension of up to two years,
  • 48-120 hours of community service, and
  • Ignition interlock device for two years following license reinstatement

Additional consequences of a Colorado misdemeanor DUI can include:

  • Court-mandated alcohol education classes, and
  • 12 points on your Colorado DMV driving record

Colorado Felony DUI & DWAI Penalties

A 4th conviction for DUI, DUI per se, or DWAI becomes a class 4 felony.  Consequences of a Colorado felony DUI conviction include:

  • A fine of $2,000 to $500,000,
  • Two to six years in Colorado state prison, and
  • Three years mandatory parole

Contact us today and put yourself in a better state of mind with Kanthaka Law.

El Paso County DUI Court

Phone: (719) 452-5795

Email: [email protected]tate.co.us

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