Driving under the influence in Colorado is a costly endeavor. Becoming familiar with Colorado’s DUI laws will allow you to take the appropriate steps to navigate the DUI processes in Colorado. Protecting your ability to drive and navigating the criminal court system in a Colorado DUI will be imperative to the outcome of your case.
Colorado DUI Laws
Being charged with a DUI in Colorado requires a driver to meet one of the following criteria:
- Your blood alcohol concentration (BAC) is 0.08% or higher, requiring no other proof by law enforcement that you are impaired. Being found to have a BAC at this level or more is known as DUI per se.
- You are impaired by alcohol or another substance that resulted in impairment without your BAC testing over the legal limits
- More than five nanograms of the active metabolite in THC, delta-9 tetrahydrocannabinol, per milliliter is present in your blood
Failing to submit to the chemical testing process through the Intoxilyzer text given by law enforcement or a blood test at law enforcement’s request in Colorado will result in the revocation of driving privileges under Colorado’s Express Consent Law. You may also face a charge of driving while ability impaired (DWAI) if your BAC is above 0.05% but below 0.08%.
What Happens After a Colorado Arrest for DUI?
You must complete two processes after being arrested for DUI in Colorado. The administrative process allows the automatic suspension of your license unless a hearing is requested within seven days of receiving a notice. Administrative suspension will occur if your BAC registered at or above the limit of 0.08% or you refused chemical testing when suspected of driving under the influence. Other factors, such as a previous DUI or a high BAC, will impact the length of the administrative suspension. Early reinstatement of a license may require using an Ignition Interlock Device (IID), SR-22 insurance, alcohol educational and therapeutic participation, and paying all fees.
The Court process will determine your sentencing, fees, and other forms of restitution for a DUI conviction. A first-offense DUI may result in the following:
- Jail time: 5 days to 1 year
- Fines: $600-$1000
- Community service: 48-96 hours
- Additional fees
- Points against your driver’s license
- Completion of education and treatment hours
A DUI is generally a misdemeanor offense. However, multiple DUI offenses or a DUI with aggravated circumstances will result in longer jail times, heftier fees, and penalties. Depending on the aggravated circumstance in your case, a DUI may be classified as a felony. A Plea deal may offer some penalty relief. Seeking guidance from a Colorado criminal defense attorney to protect your rights is always advisable as soon as a DUI arrest occurs. In some instances, public service and probation may be part of a plea deal or accompany regular sentencing, depending on your case’s circumstances.
Can I get DUI Charges in Colorado Dismissed or Dropped?
While a Colorado DUI lawyer cannot guarantee their ability to get your DUI charges dismissed or dropped, all legal defenses in your DUI case will be reviewed. Whether a violation of your constitutional rights occurs, evidence collection was flawed, or the administration of a blood or breathalyzer test was questionable may impact the outcome of a DUI. Learn more about your options following a DUI arrest in Colorado and how to seek the best outcome.