Driving under the influence (DUI) is considered a serious offense in the state of Colorado. While it may be a wobbler, certain circumstances can increase your charges to the felony level. In some cases, if certain factors are present, you could even face aggravated DUI charges.
Understanding the impact of an aggravated DUI conviction in Colorado is essential as you prepare a compelling defense strategy in the hopes of securing an acquittal. Here is more about when aggravated DUI charges may apply, the possible penalties you could be facing, and how to clear your name of the charges against you.
When You Can Be Charged With an Aggravated DUI
Simply driving under the influence is not enough to warrant an aggravated DUI charge under Colorado Revised Statutes Section 42-4-1301. There must be aggravating factors that make the offense more serious than a traditional DUI. For example, if you were driving with a revoked or suspended license, this could be considered an aggravating factor that could elevate a standard DUI charge to an aggravated DUI charge.
If anyone suffered serious bodily injury or death due to your drunk driving, the charges could be elevated to an aggravated DUI. If your blood alcohol concentration (BAC) levels are greater than .08%, or you have a history of DUIs on your criminal record, you could expect harsher penalties than someone who is convicted of a standard DUI.
Penalties Associated With an Aggravated DUI Conviction
An aggravated DUI carries far more serious penalties than a standard DUI. The specific circumstances of your case will determine whether your aggravated DUI is tried as a misdemeanor or a felony. When aggravating factors are present, you could expect to spend more time in jail or possibly even be sentenced to a prison term if you are convicted at the felony level. Your driver’s license will also be suspended or revoked for longer if you are charged with an aggravated DUI.
Collateral Consequences Will Continue to Affect Your Life
Collateral consequences ensure you continue to feel the effects of your conviction long after you have completed your sentence. Some examples of such consequences could include:
- Installation of an ignition interlock device (IID)
- Community service
- Probation
- Mandatory alcohol treatment programs
- Restitution to alleged victims
- Ongoing mental health counseling
- Trouble finding housing
- Suspension or revocation of your professional license
- Loss of federal student aid
- Child visitation or custody issues
How to Defend Yourself Against an Aggravated DUI
The consequences of a guilty verdict will likely have a significant impact on your life. For this reason, it is crucial that you avoid a conviction. You may be able to work out a plea agreement with the prosecutor and avoid going to trial altogether. However, if you have a lengthy criminal record, the district attorney may be unwilling to negotiate with you. You may not qualify for pretrial diversion, as aggravated DUI may be considered a violent offense.
If your case goes to trial, you will need a solid defense strategy. For instance, you might challenge the breathalyzer test results and the validity of your field sobriety tests or call into question whether laboratory officials administered your blood alcohol concentration (BAC) test correctly. You may also be able to get the charges against you dismissed or reduced if you can show the judge that your constitutional rights were violated. It is important to consider every possible defense option before you decide which strategy is most likely to result in a favorable outcome.