Colorado DUI Attorneys · Colorado Marijuana Lawyers
Have you been arrested for Driving Under the Influence of Alcohol (DUI) or Drugs (DUID)? If you have you need to call one of the Colorado DUI/DUID Attorneys today for a FREE Consultation to discuss your DUI or DUID charge and find out how they can help you fight your charge. A Colorado DUI/DUID attorney can protect you after being charged with Driving Under the Influence of Alcohol, Marijuana or Prescription Drugs. For a FREE Consultation to discuss your DUI, DUID “Drugged Driving” or DWAI charge call 800-852-8005 today.
Find a Colorado DUI/DUID Attorney below or call 800-852-8005
Alamosa
Arapahoe
Archuleta
Baca
Bent
Boulder
Broomfield
Chaffee
Cheyenne
Clear Creek
Conejos
Costilla
Hinsdale
Huerfano
Jackson
Jefferson
Kiowa
Kit Carson
La Plata
Lake
Larimer
Las Animas
Lincoln
Logan
Rio Grande
Routt
Saguache
San Juan
San Miguel
Sedgwick
Summit
Teller
Washington
Weld
Yuma
Watkins Law Firm
Colorado DUI Attorney
Jennifer Watkins
Boulder County, CO: Boulder Office phone: (720) 745-4100
If you have been charged with a DUI or DUID in Colorado, there are two things that you need to consider:
Take your Driving Under the Influence charge very seriously
A conviction for a DUI, DUID or DWAI in Colorado will have long lasting consequences in your life. A criminal record can affect your employment, your future and your personal freedom.
Hire an experienced Colorado DUI/DUID Lawyer who is experienced in the DUI/DUID laws.
Understanding the Colorado DUI/DUID laws and courtroom proceedings can be a challenge. Hiring a qualified Colorado DUI/DUID attorney whose practice concentrates on Driving Under the Influence charges can make a difference in the outcome of your DUI/DUID charge. To get a FREE Consultation with a Colorado DUI/DUID lawyer call 800-852-8005 or select the county above to find a Colorado DUI/DUID attorney that is experienced in defending DUI/DUID charges and who understands the DUI/DWAI laws in Colorado.
Each Colorado DUI lawyer offers a FREE Consultation to review your Driving Under the Influence of Alcohol or Marijuana charge. Your consultation is free and confidential.
To begin fighting your Driving Under the Influence of Alcohol or Marijuana charge, use the list above to locate the DUI/DUID Lawyer in your area who is knowledgeable in the Colorado DUI/DUID laws. But do it now, as time is very critical in every DUI/DUID charge.
What happens to First Time DUI/DUID Offenders in Colorado?
First Time Offenders in Colorado:
In Colorado, you may be charged with Driving Under the Influence of Alcohol (DUI), Driving While Impaired (DWAI) or Driving Under the Influence of Drugs (DUID).
DUI/DUID laws in Colorado consists of two parts:
(1) the Criminal Case with possible jail time, alcohol classes, community service, fines and costs, and the Civil Drivers License Case with the possible revocation of driving privileges.
(2) the DMV case. If you have been arrested for Driving Under the Influence, you must go to the Department of Motor vehicles within seven (7) days to request a hearing, or your license will automatically be suspended for 90 days.
What is the difference between DUI, DUID and DWAI in Colorado?
There are several ways you can be prosecuted for DUI in the state of Colorado. One way is to operate a motor vehicle when you have a blood or breath alcohol content of .08% or higher. This is called DUI per se. However, you can be prosecuted for DUI even if you refuse to submit to a chemical test. The statutory definition of DUI is operating a motor vehicle when you are substantially incapable of safely operating the vehicle. A police officer’s observations of you can form the basis for DUI charges even where there is no proof you are over the legal limit for alcohol.
You can be charged with Driving Under the Influence of Drugs, DUID, if a police officer suspects you of driving under the influence of drugs—prescription or illicit. If you are suspected of consuming marijuana, despite it being legal, you can be charged with DUID if the officer believes the amount of marijuana you consumed either impaired you or made you substantially incapable of safely operating the vehicle. In Colorado, you are presumed impaired by the marijuana if the level of active THC in your blood is 5 nanograms per milliliter of blood or greater. If an officer believes you were impaired by communing prescription drugs or street drugs like meth or heroin, there is no legal limit. The officer’s observations will be sufficient to have charges leveled against you. If you refuse to submit to a blood test at the officer’s request, then you can still be charged and convicted of DUID.
A DWAI is a slightly less severe charge for driving while impaired by the consumption of alcohol or drugs. In the case of suspected alcohol consumption, DWAI is charged when you have a blood or breath alcohol content between .05% and .0799%. The acronym means “driving while ability impaired.” You can be prosecuted for DWAI when the police officer believes you are impaired even to the slightest degree by the consumption of alcohol or drugs.
The consequences of being convicted of a DUI, DUID or DWAI in Colorado vary depending on your blood or drug alcohol content, whether you caused an accident, and whether you have any previous drunk or drugged driving convictions. Generally a first time offender can expect to perform community service, attend alcohol education or substance abuse classes, and pay fines and court costs and be placed on probation. In some cases, even first time offenders may be required to spend some time in jail. If you have at least one prior conviction for DUI, DUID, or DWAI, a jail sentence is mandatory.
Here is a summary of what to expect as a first, second, third, or subsequent offender:
Summary of DUI/DUID Penalties in Colorado
First Time Offender | Second Time Offender | Third Time Offender | 4th or Subsequent Offender | |
---|---|---|---|---|
Fine and Court Costs | Court costs average $650, fine is $200-$1,000 | Court costs average $650, fine is $600-$1,500 | Court costs average $650, fine is $600-$1,500 | Undefined as this is a felony situation |
Community Service | 24-96 hours | 48 to 120 hours | 48 to 120 hours | Undefined |
Alcohol or Drug Classes | Minimum 24 hours, Maximum 110 hours | Minimum 24 hours, Maximum 110 hours | Minimum 24 hours, Maximum 110 hours; relapse prevention therapy may be required. | Usually a minimum of 110 hours of classes, but intensive inpatient or outpatient treatment is more likely. |
Jail Time | 5 days to one year; If your blood or breath alcohol level was greater than .20, the minimum mandatory jail sentence is 10 days. | 10 days to one year | 60 days to one year | Incarceration in county jail of not less than 90 days, but incarceration in a Community Corrections facility or Prison is possible |
Real Costs:
- The State of Colorado has estimated the real costs to you, including fines, fees, insurance increases, mandated alcohol classes, and estimated attorney fees, to be at least $8,866.00.
Insurance:
- Assuming your insurance company doesn’t drop you immediately, your insurance costs will increase at least 30%. Buying insurance through a “high-risk” agency will cost substantially more.
About Your Driver's License after a charge of DUI/DUID
There are two ways for you to lose your driver’s license when you have been charged with drinking and driving. The first method is through an administrative hearing in front of the hearings division of the Department of Revenue. In order for this hearing to take place, you must request a hearing within 7 days for being notified that your blood or breath test was over the .08 legal limit. If you gave a breath sample, you must request the hearing within 7 days of your arrest for DUI. If you gave a blood sample, you must request the hearing 7 days after the Division of Motor Vehicles (DMV) notifies you of the blood test result. If you refused a test, you must request the hearing within 7 days of your arrest.
The hearing will be held within 60 days of you requesting it. If you lose the hearing, your license will be revoked for a minimum of 9 months. You may be eligible for early reinstatement if you agree to have an interlock installed in your car. The interlock period can be up to two years.
The second way you can lose your license is by being convicted of either DUI or DUID because it is a 12-point driving offense, and, under Colorado law, the accumulation of 12 points in a 12-month time frame will result in your license being revoked. If you are convicted of DWAI, that is an 8-point offense, so your driver’s license will only be revoked if you have other driving violations on your current record, like speeding or reckless driving, if you have lost your license through more than one administrative hearing, or you have recent prior DUIs, DUIDs, or DWAIs.
Colorado does not allow expungement of records after successful completion of the terms of probation. This means if you are found guilty of drunk driving in Colorado you will have a permanent criminal record. Having experienced legal representation could result in a lesser charge, fewer penalties and possibly even dismissal of the charges.
Colorado DUI, DUID & DWAI Penalties
The consequences of being convicted of driving under the influence in Colorado vary depending on your blood alcohol content, whether you caused an accident with injury and if you have any previous drunk driving convictions. Generally a first time offender can expect to perform community service, attend alcohol education or therapy classes, pay fines and court costs and spend some time in jail. You will also be placed on probation.
Colorado does not allow expungement of records after successful completion of the terms of probation. This means if you are found guilty of drunk driving in Colorado you will have a permanent criminal record. Having experienced legal representation could result in a lesser charge, fewer penalties and possibly even dismissal of the charges.
If you are convicted of a First Offense for Driving Under the Influence in Colorado
Fine:
- You will be fined anywhere from $300 to $1,500.
Real Costs:
- The State of Colorado has estimated the real costs to you, including fines, fees, insurance increases, mandated alcohol classes, and estimated attorney fees, to be at least $8,866.00.
Jail:
- You could be sentenced to jail from five days to one year. 10 days is common.
License Suspension:
- Your license will be suspended for one year.
Community Service:
- You will be required to perform 48 to 96 hours of community service work.
Alcohol Education Classes:
- You may have to attend alcohol education classes and therapy, based on your BAC and subsequent alcohol evaluation. Average cost: around $525.00. Education is 24 hours over 12 weeks; alcohol therapy can last 21 weeks to 13 months.
Insurance:
- Assuming your insurance company doesn’t drop you immediately, your insurance costs will increase at least 30%. Buying insurance through a “high-risk” agency will cost substantially more.
- First-time offenders are often given a deal, such as a suspended sentence conditioned on treatment for substance abuse or attendance at drunk-driving school.
BAC .20 or higher:
- Conviction if blood alcohol is .20 or greater leads to fines of $500 – $1500, jail time of 90 days- 1 year (10 days mandatory), one year license suspension, and public service of 60 – 120 hours (60 hours are mandatory).
Under 21:
- If your BAC is .02 or higher, you lose your license for one year, and are subject to criminal penalties similar to adults.
Commercial Driver:
- If your BAC is .04 or higher, you lose your license for one year, as well as being subject to criminal penalties.
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