Driving under the influence, commonly known as DUI, is a serious offense in Colorado. It is essential for drivers to be aware of the state’s DUI laws to avoid harsh penalties, including fines, license suspension, or even jail time. Colorado’s laws around DUI are strict, and understanding the consequences, the legal process, and how the law is applied can make a significant difference if you ever find yourself facing a DUI charge. This guide will help explain the important aspects of Colorado DUI laws and what you should know if you are dealing with a DUI case. At, Law Firm of Mark S. Hanchey , we are here to guide you through the legal process and help you navigate the complexities of your case
What Constitutes a DUI in Colorado?
In Colorado, a person can be charged with a DUI if they are found to be driving with a blood alcohol concentration, or BAC, of 0.08 percent or higher. This means that if a driver’s BAC reaches or exceeds this level, they are considered to be driving under the influence. However, a person can also be charged with a lesser offense known as DWAI, which stands for Driving While Ability Impaired, if their BAC is between 0.05 and 0.08 percent.
It is important to understand that DUI charges do not only apply to alcohol. You can also be charged with DUI if you are found to be impaired by drugs. This includes both illegal drugs and prescription medications that affect your ability to drive safely. Colorado law enforcement is vigilant when it comes to impaired driving, whether it involves alcohol, drugs, or a combination of both. Even if your BAC is below the legal limit, if an officer believes you are impaired, you may still face charges.
Penalties for a DUI in Colorado
The penalties for a DUI in Colorado can be severe, and they depend on several factors, including whether it is your first offense, the level of your BAC, and whether any accidents or injuries occurred as a result of your impaired driving.
For a first DUI offense, the penalties can include fines, community service, probation, and up to one year of jail time. You may also be required to attend alcohol education classes or treatment programs. If you are a repeat offender, the penalties become more severe. A second or third DUI offense can result in longer jail time, higher fines, and the mandatory installation of an ignition interlock device on your vehicle. This device requires you to blow into a breathalyzer before your car will start, ensuring you are not under the influence while driving.
In cases where your DUI leads to an accident that causes injury or death, the consequences can be much more serious. You could be facing felony charges, which carry lengthy prison sentences and significant fines. Additionally, even if your DUI does not involve an accident, having a BAC well above the legal limit can lead to harsher penalties.
License Suspension for a DUI in Colorado
One of the immediate consequences of a DUI arrest in Colorado is the suspension of your driver’s license. After being arrested for DUI, your license can be revoked even before your case goes to court. This happens through a process called an administrative license revocation. If your BAC is 0.08 percent or higher, your license may be suspended for nine months for a first offense. If it is your second DUI offense, your license could be suspended for up to one year, and for a third offense, the suspension could last for two years.
It is important to know that after a DUI arrest, you have a limited amount of time to request a hearing to challenge the suspension of your license. If you do not request this hearing within seven days, your license will be automatically suspended. At the hearing, you can present evidence and arguments as to why your license should not be suspended. While this hearing is separate from your criminal DUI case, it is a crucial part of dealing with a DUI charge.
Implied Consent in Colorado
Colorado’s DUI laws include what is known as “implied consent.” This means that by driving a vehicle in Colorado, you automatically give your consent to take a breath, blood, or urine test if a law enforcement officer suspects you are under the influence of alcohol or drugs. If you refuse to take one of these tests, you will face automatic penalties, including a suspension of your driver’s license.
Refusing a chemical test can have serious consequences. A refusal results in an automatic one-year license suspension for a first offense, two years for a second offense, and three years for a third refusal. Additionally, refusing the test does not mean you will avoid a DUI charge. The prosecutor can still use other evidence, such as the officer’s observations and field sobriety test results, to prove that you were driving under the influence.
Field Sobriety Tests and Chemical Tests
When you are pulled over on suspicion of DUI, the officer may ask you to perform a series of field sobriety tests. These are physical tests that are designed to assess your coordination, balance, and ability to follow instructions. Some of the common field sobriety tests include walking in a straight line, standing on one leg, and following an object with your eyes. While these tests are not required by law, refusing to participate in them can give the officer more reason to believe you are impaired.
If the officer believes you are under the influence based on your performance in the field sobriety tests, they will likely ask you to take a chemical test, which could be a breath or blood test. Breath tests are the most common, as they can be conducted on the scene using a portable breathalyzer. Blood tests are typically done at a hospital or police station. It is important to understand that while you can refuse the field sobriety tests, refusing a chemical test can lead to an automatic suspension of your license under the implied consent law.
The DUI Court Process in Colorado
If you are charged with DUI in Colorado, you will need to go through the court process. The first step is usually an arraignment, where you will be formally charged with the DUI and have the opportunity to enter a plea of guilty or not guilty. If you plead guilty, the judge will move forward with sentencing. If you plead not guilty, your case will proceed to trial.
During the trial, both the prosecution and the defense will present evidence. The prosecution will try to prove that you were driving under the influence, while the defense will work to challenge that evidence. Some common defenses in DUI cases include questioning the accuracy of the breath or blood test results, arguing that the officer did not have probable cause to stop you, or proving that your BAC was not over the legal limit at the time of driving.
If the jury or judge finds you guilty, you will be sentenced according to the laws in Colorado. Sentencing can include jail time, fines, license suspension, and mandatory alcohol education programs. If you are found not guilty, you will be free from penalties.
DUI and Your Criminal Record
A DUI conviction in Colorado will go on your criminal record. Having a DUI on your record can have long-lasting consequences beyond the immediate penalties of fines, jail time, or license suspension. A criminal record can affect your employment opportunities, your ability to obtain housing, and even your car insurance rates.
For individuals facing their first DUI, there may be options for minimizing the long-term impact. Some first-time offenders may be eligible for probation or deferred sentencing, which allows you to avoid a permanent conviction if you meet certain conditions. However, for repeat offenders, the penalties become much harsher, and it is much harder to avoid a long-term criminal record.
The Role of an Attorney in a Colorado DUI Case
Facing a DUI charge in Colorado can be overwhelming. The legal process is complex, and the consequences of a conviction can be life-changing. This is why it is important to seek legal help if you are charged with DUI. An attorney can help guide you through the process, represent you in court, and work to achieve the best possible outcome for your case.
Having legal representation can make a significant difference, especially if you are dealing with complex issues such as challenging the validity of a breathalyzer test or fighting for a reduced sentence. A lawyer can provide you with the support and advice you need as you navigate the legal system.
If you or a loved one is facing a DUI charge in Colorado, the Law Firm of Mark S. Hanchey is here to help. We understand the challenges and stress that come with a DUI case, and we are dedicated to providing strong legal representation to protect your rights. Contact us today to discuss your case and explore your options. Your future is too important to face a DUI charge alone—let us guide you through this difficult time.