Colorado law utilizes a progressive series of sanctions for drunk driving offenses. It is one of the biggest reasons why timely consultation with an experienced DUI defense lawyer in Brighton or Fort Collins is critical when it comes to protecting your rights.
Those charged with drunk driving with a breath-alcohol level above the legal limit of .08 will face a charge of driving under the influence (DUI). Colorado is among a handful of states that also has a lesser offense of driving while ability impaired (DWAI), meant to ensnare drivers who are not guilty of DUI. Those who test above .05 but less than the legal limit of .08, will be charged with this offense. The result is the arrest and conviction of many responsible adults who have never been in trouble with the law before and thought they were within their legal rights to responsibly enjoy a glass or two of wine or beer while at dinner with friends.
Unfortunately, when combined with Colorado’s progressive sanctions for repeat offenders, this too often results in years of legal trouble for unsuspecting motorists who decide not to fight the charges, and quietly plead guilty in an attempt to put an embarrassing episode behind them.
Those who test with a breath-alcohol level above .15, those who refuse to take a chemical test, those who have multiple DUI convictions, and those who drive on a license suspended for DUI, may be designated as a persistent drunk driver, which comes with increased sanctions, including mandatory alcohol treatment and the use of an ignition-interlock device on their vehicles.
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Additionally, regardless of whether a first-offense conviction is for DUI or DWAI, the law does not make a distinction; either counts as a previous conviction in the event of a subsequent charge. While nobody plans to get stopped and arrested, experienced DUI defense lawyers, and those with a conviction on their record, know all too well that law enforcement is likely to target and stop convicted offenders for years to come.
| First DWAI - Misdemeanor 2 days to 180 days in jail. Alcohol and drug evaluation and counseling. Up to 2 years probation $200-$500 fine. Up to 48 hours. No license suspension. |
| First DUI - Misdemeanor 5 days to 1 year in jail. Alcohol and drug evaluation and counseling. Up to 2 years probation $600-$1,000 fine. Up to 96 hours public service 9 month license suspension. |
| 2nd DUI/DWAI with 5 years - Misdemeanor 10 days to 1 year in jail. Possible home detention. 2 to 4 years probation. $600- $1,500 fines. Up to 120 hours community service. 1 year license suspension. |
| 3rd DUI/DWAI with 5 years - Misdemeanor 60 days to 1 year in jail. Possible home detention. 2 to 4 years probation. $600- $1,500 fines. Up to 120 hours community service. |
| Felony DUI in Colorado 4th Offense Class four felony - 2 to 6 years in prison. Probation orders carry up to two years in jail. Fines of at least $2,000 and up to $500,000. |
| Vehicular Assault CRS § 18-3-205 Intoxicated driving that results in serious bodily injury. Class 4 felony. 2 to 6 years in prison. $2,000-$500,000 fine. |
| Vehicular homicide § 18-3-106 CRS Causing the death of a person under the influence. Class 3 felony. 4 to 12 years in prison. At least $3,000 to $750,000 in fines. |
The reality is a first offense is often the easiest to win a reduction or even a dismissal of the charges. Keeping a conviction off your record is the best way to avoid exposing yourself to enhanced penalties for years to come.
Fort Collins DUI Defense Attorney at Abogado DUI Colorado represents clients in Brighton and throughout Adams and Weld counties, as well as Larimer County and the Fort Collins area, including Loveland, Berthound, Estes Park, Johnstown, Timnath, Wellington and Windsor.
Call 970-592-2805 for a free and confidential consultation to discuss your rights.
