Facing a DUI or DWAI charge in Colorado can be a daunting experience, with severe legal implications and potential long-term consequences. Understanding the differences between these charges and the specific criteria for each can help you navigate the legal landscape more effectively and determine how to best construct a robust defense with your criminal defense attorney.
What Is a DUI Offense?
In Colorado, driving under the influence (DUI) means operating a vehicle (including non-motorized vehicles such as a bicycle or scooter) while under the influence of alcohol or drugs. Under Colorado law, driving under the influence is a punishable criminal offense. There are different types of DUI charges, depending on the level of intoxication.
- DUI Per Se: In Colorado, you are considered “Under the Influence” of alcohol when you have a Blood Alcohol Concentration (BAC) of 0.08% or more. This is known as DUI Per Se. Similarly, you are considered “Under the Influence” of marijuana if your blood has at least 5 nanograms of delta 9-tetrahydrocannabinol (THC) per milliliter. In either case, you can be charged with DUI Per Se or Driving Under the Influence of Drugs (DUID) simply because your blood contains a certain amount of alcohol or THC. Notably, the use of medical marijuana is not a defense against DUIDs.
- DWAI: You may be charged with Driving While Ability Impaired (DWAI), a lesser offense in Colorado, even if your blood or breath tests do not meet the legal threshold of DUI Per Se, if you are even slightly impaired while driving. If your BAC is above 0.05% but below 0.08%, there is a rebuttal presumption that you are impaired to the slightest degree.
- Persistent Drunk Driver (PDD): If your BAC is 0.15% or higher, you are deemed a Persistent Drunk Driver (PDD) and sentenced as a repeat offender, even if it is your first offense. You may also be classified as a PDD if you have been previously convicted of two or more DUI-related violations, you were caught driving while your license was suspended for a DUI-related offense, or you refused to submit to a chemical test following your arrest for DUI.
Refusal to Submit to Chemical Testing Following Arrest
Colorado has an Express Consent Statute. If you operate a vehicle in Colorado, you are deemed to have consented to a breath or blood test upon any arrest for DUI. An individual’s first refusal to submit to chemical testing results in a 1-year license suspension, and each subsequent refusal adds another year to the length of the license suspension. Additionally, refusing to submit to BAC testing can be used against you at trial as evidence of guilt.
What are the Penalties Associated with a DUI/DWAI Conviction?
Penalties increase in severity with each conviction. The penalties for DUI and DWAI offenses in Colorado are stringent and escalate with subsequent convictions. For a first-time DUI offense, the legal consequences can be severe, including jail time, significant fines, community service, probation, and a lengthy driver's license revocation period. Understanding these penalties is crucial to grasping the gravity of DUI charges and the importance of responsible driving.
Penalties for a 1st DUI offense include:
- Between five days and a year in jail
- A 10-day jail sentence is required if your BAC is 0.20% or more
- Up to 2 years of probation
- A $600 - $1,000 fine
- 48 - 96 hours of community service
- Addition of 12 DMV points to your driving record
- 9-month driver’s license revocation
You may qualify for a probationary driver’s license if you install an ignition interlock device (IID) in your vehicle. An IID is a breath-testing machine that prevents a car from starting until it has tested an alcohol-free sample and frequently retests the driver while driving. You may be able to regain full driving privileges after driving for four months with the IID if your BAC during your DUI was less than 0.15%, and you have never had a BAC of 0.25% or more, in which case the IID would remain in your vehicle for two years.
Penalties for a 1st DWAI offense include:
- 2 - 180 days in jail
- A 10-day jail sentence is compulsory if your BAC is 0.20% or more
- Up to 2 years of probation
- $200 - $500 fine
- 24 - 48 hours of public service
- An addition of 8 DMV points to your driving record
- No license suspension unless the addition of 8 points puts you at 12 points
For either a first DUI or DWAI, the Court may grant probation only with a jail sentence suspended upon requiring the driver to take Level II alcohol education and therapy.
Penalties for a 2nd DUI/DWAI offense include:
- Mandatory minimum of 10 days in jail or up to one year in jail
- If your previous DUI conviction was less than five years prior, the mandatory ten days in jail must be served consecutively
- At least two years of probation
- A $600 - $1,500 fine
- 48 - 120 hours of public service
- Level II education and therapy
- Up to 1-year suspension of driver’s license
- Addition of 12 DMV points to your driving record for DUI (8 points for DWAI)
Penalties for a 3rd DUI/DWAI offense include:
- Mandatory minimum of 60 days in jail or up to 1 year in jail
- At least two years of probation
- A $600 - $1,500 fine
- 48 -120 hours of community service
- Level II education and therapy
- If granted probation, 90 continuous days of alcohol monitoring
- Up to 2 years suspension of driver’s license
- Addition of 12 DMV points to your driving record for DUI (8 points for DWAI)
Felony Charges and Penalties
In Colorado, DUI is typically a misdemeanor, but it becomes a felony if you have at least three past DUI-related convictions, including DUI, DUI per se, DWAI, and vehicular homicide or assault while under the influence of alcohol or drugs. Penalties depend on the specific charge.
Penalties for a 4th DUI/DWAI offense include:
- 2 - 6 years in prison (sentencing alternatives may be available)
- Three years on parole
- A $2,000 - $500,000 fine
- If granted probation, 90 continuous days of alcohol monitoring
- License revocation for two years
Penalties for DUI causing serious injury/vehicular assault include:
- 2 - 6 years in prison (sentencing alternatives may be available)
- Three years on parole
- A $2,000 - $500,000 fine
- If granted probation, 90 continuous days of alcohol monitoring
- At least 1-year license revocation
Penalties for DUI causing serious injury/vehicular Homicide Include:
- 4 -12 years in prison (sentencing alternatives may be available)
- Five years on parole
- A $3,000- $750,000 fine
- If granted probation, 90 continuous days of alcohol monitoring
- At least 1-year license revocation
Penalties for Underage Drinking and Driving (UDD)
In Colorado, it is illegal for anyone under 21 to drive if they have a BAC of 0.02% or more. If they have a BAC of 0.05% up to 0.08%, they will face standard DWAI charges. If their BAC is 0.08% or more, they face standard DUI charges.
Penalties for 1st UDD offense include:
- Up to $150 fine,
- Driver’s license suspension for up to 3 months
- An addition of 4 DMV points to your driving record
Penalties for Subsequent UDD offenses include:
- Ten days - 90 days in jail
- Driver’s license suspension for up to 6 months for a second offense, up to 1 year for a third
- A $150 - $300 fine
- 48 – 120 hours of community service
- An addition of 4 DMV points to your driving record
If you have been charged with a DUI or related offense or have questions about such offenses, it is important to seek advice from an experienced DUI attorney, as there are a variety of nuances and potential defenses that could apply to your case. To speak to a criminal defense attorney at Solutions Based Family Law contact us online or call (720) 463-2232.