First DUI Offense in Colorado: All You Need to Know

Contrary to popular belief, a first DUI offense in Colorado is not considered a traffic crime but a misdemeanor offense. For comparison, it is similar to a class 1 misdemeanor in terms of severity. If convicted, you can spend up to a year in jail, lose your license for up to nine months, and spend thousands in court costs and fees.

Penalties

The penalties for first-time DUI in Colorado will depend on a few factors, including your level of alcohol and drunk driving convictions. Penalties for a first-time DUI conviction in Colorado can include:

  • Alcohol education classes
  • Up to 96 hours of community service
  • Revocation of license for up to 9 months
  • Five days up to a year in jail
  • Fine of up to $1,000

If you have a blood alcohol content (BAC) of 0.08% or higher, you can face a DUI per se charge. However, you can still face charges for driving while ability impaired (DWAI) based on the observations of the police. DWAI penalties are slightly less severe compared to a first-time DUI charge. Some of the penalties include:

  • Community service for up to 48 hours
  • Fine of up to $500
  • Two days up to 180 days in jail
  • Eight points against your license

License

If you fail to request a DMV hearing within seven days after your DUI arrest, your license will be suspended automatically. The Colorado DMV will suspend the driver’s license after a DUI arrest even if you are found “not guilty” later. After your DUI arrest, an enforcement officer will take possession of your driver’s license.

A temporary permit will be issued seven days after the issuance date. If you want to keep your license, you must request a hearing in writing within seven days after your arrest. If convicted of a first-time DUI, your driver’s license may be suspended for up to nine months.

If convicted of DWAI, 8 points will be added to your DMV record, but you may still be able to keep your license. However, your license can be suspended if 12 or more points are added within 12 months.

Lookback Period

Most states have a “washout period” or “lookback period” for considering previous drunk driving offenses. The lookback or washout period refers to the amount of time to look back to check if you have a prior DUI. In Colorado, there is no limited lookback period for previous DUIs.

This means any prior DUI in any territory or state will be considered a prior DUI. For instance, if you had a previous DUI conviction a decade ago, it will still be considered a prior DUI. However, a judge might consider the amount of time that has passed when it comes to the sentencing.

Criminal Record

In Colorado, a first-time DUI conviction can result in a traffic misdemeanor criminal record. Often, you cannot have your criminal record sealed, or your DUI expunged if you are an adult. Unlike other states, Colorado will only allow the sealing of criminal records or expungement for minors prosecuted in juvenile court.

If you want to avoid a criminal record for a drunk driving arrest, you need to fight the criminal charges in court. This is where the help of an experienced criminal defense lawyer can come in handy. It would be best to work with a lawyer with a proven track record of successfully fighting DUI charges.

Lawyer

If arrested for suspicion of driving under the influence of drugs or drunk driving, you need to work with an experienced Colorado DUI defense lawyer immediately. You must remember that you only have seven days to request a hearing if you want to keep your license. Your chosen DUI defense lawyer can help you with the following:

Gathering of Evidence

Building your case will require gathering evidence. This includes:

  • Obtaining arrest records
  • Interviewing witnesses
  • Obtaining audio and video evidence of the traffic stop
  • Reviewing chemical test results
  • Taking photographs of the crime scene
  • Determining if authorities have calibrated and maintained testing equipment properly

Filing Motions and Legal Research

Your lawyer will use the evidence gathered for motion writing and legal research to support your case. Case in point: your lawyer has the option to file a motion to challenge the evidence and police actions. This can include filing motions to suppress any evidence based on the following:

  • Miranda right violations
  • Breath testing errors
  • Improper breath testing procedures
  • Raising blood alcohol
  • Medical conditions that result in a false BAC result
  • No probable cause for a chemical test

Final Thoughts

Lastly, your DUI defense lawyer knows what to do to ensure you get the best deal from the prosecutor. Many drunk driving cases won’t go to trial, so you must have a competent lawyer backing you up. The right lawyer can help you reduce your criminal charges and avoid possible jail time.

Author Bio:

Victoria Brown currently works as the Marketing and Communications Specialist at Law Offices of Brian D. Sloan. Her experiences with DUI cases in the past have inspired her to spread awareness about DUI laws in the United States.

More From This Category

Getting A DUI for the First Time: What You Need to Know

It’s never a good idea to get behind the wheel of a vehicle after consuming alcohol. All states in the union take drunk driving very seriously. Colorado is no exception. Even your first offense can have severe implications. Here, we answer some of your most frequently...

The Physical Effects of Alcohol

We’re all aware of the effects that alcohol has on your brain. The impaired judgment, blurry vision, and slower motor skills are all common effects of alcohol than adults are, for the most part, very familiar with. However, it's important to look at the physical...

The Life-Threatening Dangers of Alcohol

From the years of 1999 to 2017, there have been almost one million people who have died from alcohol-related incidents or causes. This statement is shocking and may even cause you to take a step back and evaluate your own choices when it comes to alcohol. There have...

It’s Not About “Willpower”: The Science of Alcohol Addiction

By now, you have resolved to stop drinking countless times. You know how much it hurts your loved ones when you drink. You know that it impacts your job performance. You know that your life is at risk due to your drinking. Yet every time you say, “this is my last...

What is Alcohol Use Disorder?

While there are many people who can occasionally have a drink or two without issue, for others, alcohol causes major problems in their lives. People with alcohol use disorder (AUD) struggle to control their drinking, which negatively impacts several areas of their...

New Year, Better You

While we’re already a few weeks into the new year of 2020 and you may have skipped out on your resolution to hit the gym more, keep your resolution of living a sober life with Go Sober. Many times, people don’t end up following through with their new year's...

Symptoms of Alcohol Use Disorder

Many people don’t realize that they have a troubled relationship with alcohol until something happens that forces them to face reality. They lose their job, face DUI charges, or a significant relationship falls apart. Suddenly, they can’t deny the impact alcohol has...

Signs It’s Time for Outpatient Alcohol Treatment

If you suspect you need professional help for alcoholism, you aren’t alone. Every year, millions of Americans struggle with alcohol use disorder (AUD), but many will never get the help they need. This is unfortunate, because there is a biological reason for their...

What Do They Mean When They Call Alcohol a Depressant?

Alcohol is the most widely used and consumed drug in the entire world. Alcohol is all around us, and many times our society conditions us to view alcohol as a fun party boosting activity. Unfortunately, alcohol consumption can become excessive and eventually lead...

COVID-19 Quarantine Poses Serious Threat to Those Struggling With Alcohol Abuse

The recent call to stay at home and isolate to halt the spread of Coronavirus hits those struggling with alcohol abuse harder than most. Keep reading to hear from Go Sober co-founder, Greg Hoffman, to learn about how the quarantine can impact those individuals...

0 Comments

0 Comments