What are the charges for driving under the influence in Colorado?

Colorado law prohibits a person from driving under the influence of alcohol or drugs. Those accused of being over the legal breath-alcohol content (BAC) of .08 will face a charge of driving under the influence (DUI). Colorado law also recognizes a lesser offense of driving while ability impaired (DWAI), which may be charged for those who test over .05 but less than .08.

Motorists under the age of 21 face a much stricter threshold and may be charged with underage drunk driving (UDD) if their BAC measure over .02.

Can I be charged for being under the influence of marijuana?

Yes, Colorado law makes it illegal to drive under the influence of marijuana. If at the time of the offense, or within a reasonable period of time thereafter, a driver’s blood contains five nanograms or more of delta-9 THC (the active ingredient in marijuana) per milliliter of whole blood, he or she is presumed to be under the influence of marijuana.

Are there enhanced penalties for testing with a high BAC or for a repeat offense?

Yes, under Colorado law, those who test with a BAC over .15, or who has been convicted of two or more alcohol-related driving violations, or who continue to drive after having their driving privileges revoked or restricted, may be charged with persistent drunk driving and subject to greater penalties.

Must I take a breathalyzer test?

The law requires drivers to submit blood, breath, saliva or urine samples when requested to do so by law enforcement following arrest for suspicion of driving under the influence. Those who refuse, may have their refusal used against them in court, face enhanced penalities in some cases, and face a revocation of their driver’s license.

Will my driver’s license be suspended?

It’s important to note that Colorado uses a two-part system to administer penalties for drunk driving. The administrative hearing through the Colorado Department of Revenue, will impose administrative sanctions, including revocation, suspension or restriction of your driver’s license. The criminal case will focus on other penalties, including jail time, fines, court-ordered alcohol classes and other sanctions. Conviction will result in suspension or revocation of your driving rights, although you drunk driving defense lawyer can typically help restore your driving rights for work and other approved uses.

Why should I get an attorney?

The administrative sanctions occur quickly and require a driver to request a hearing in a matter of days to contest the loss of driving rights. The administrative hearing will also allow your Fort Collins DUI defense lawyer to review the evidence against you in preparation for defending you in the criminal case. Keeping a DUI or DWAI off your driving record can have many benefits, including lower insurance premiums, avoidance of criminal and administrative sanctions, and a reduced likelihood of facing significant criminal penalties in the event you are charged with a repeat offense.

Are there defenses to drunk driving?

Yes. Drunk driving is the most common serious traffic violation in the state of Colorado and is a leading revenue generator for municipal court systems across the state. The hope is you will plead guilty and attempt to put the incident behind you. We believe this is a mistake. A DUI conviction typically costs more than $10,000 in fines, lost work, court costs, increased insurance premiums and other costs. Simply hiring an experienced Fort Collins drunk driving defense lawyer may be enough to obtain a reduction in charges. FIrst offenses, in particular, may be reduced or even dismissed. Your attorney may also challenge your case on a number of grounds, including probable cause for the traffic stop, the results of your sobriety testing, and the training of officers involved.

Our Fort Collins DUI Defense Attorney 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.