Getting a DUI in Colorado can be scary. As a Colorado Springs DUI defense attorney, I want to help clear up the most common questions clients ask. This guide answers the questions and breaks down the complexities of DUI charges in Colorado.
1. What is a DUI in Colorado?
In Colorado, a DUI (Driving Under the Influence) is operating a motor vehicle with a Blood Alcohol Content (BAC) of 0.08% or higher. But even if your BAC is below 0.08%, you can still be charged with a DWAI (Driving While Ability Impaired) if your BAC is above 0.05% and you’re impaired to the slightest degree. Driving under the influence of drugs, including marijuana and prescription meds, can also get you a DUI.
2. What happens after a DUI arrest in Colorado?
After a DUI arrest, you’ll face both administrative and criminal proceedings. Administratively, the Department of Motor Vehicles (DMV) will suspend your license. Criminally, you’ll have court appearances where charges will be filed. You need to act fast, especially with the DMV hearing which must be requested within 7 days of your arrest to contest the suspension on breath cases and refusals to submit to chemical testing. With blood tests you should have considerably longer time to request the DMV hearing, as the DMV won’t file on you until they have your blood work back.
3. Will I go to jail for a first-time DUI in Colorado?
A first-time DUI can get you 5 days to 1 year in jail. But courts often suspend jail time in favor of probation if you complete alcohol education and treatment programs. A high BAC or being involved in an accident can increase the chances of jail time. A BAC over .20, even on a first offense, requires a mandatory minimum of 10 days of detention time, which can be served as in-home detention, work release, or straight jail.
4. How long will my license be suspended?
For a first DUI offense, your license will be revoked for 9 months. But you may be eligible for early reinstatement right away if you install an ignition interlock device and meet other requirements. For DWAI, there’s no mandatory suspension, but accumulating points on your driving record can get you suspended if you get 12 or more in a year. Remember, you can be revoked through the DMV and/or Court, but they only revoke you once for the event. Example: if you lose the DMV hearing and later plead to a DUI, you won’t lose your license twice.
5. Can I get a DUI for marijuana or prescription drugs?
Yes. Colorado law prohibits driving under the influence of any substance that impairs your ability to operate a vehicle safely. This includes marijuana, prescription meds, and other drugs. For marijuana, 5 nanograms of THC per milliliter of blood can get you a DUI.
6. How much does a DUI cost in Colorado?
A DUI can be expensive. Costs for a first DUI in Colorado include fines from $600 to $1,000, court fees, attorney fees, increased insurance premiums, probation, costs for alcohol education programs, and installing and maintaining an ignition interlock device. Overall, a DUI can cost between $5,000 to well over $10,000. The biggest difference in costs will often be attorneys’ fees.
7. Can I refuse a breath or blood test?
Yes, but there can be serious consequences. Under Colorado’s Express Consent Law, by driving on Colorado roads, you’ve already expressly consented to chemical testing if suspected of DUI. Refusing a test will get you an automatic 1-year license revocation, designation as a “persistent drunk driver”, mandatory alcohol education, and the requirement to install an ignition interlock device upon license reinstatement. Note: You may be eligible for early reinstatement with an interlock device. Additionally, it has been my experience that some DAs are less willing to offer favorable plea bargains in refusal cases.
8. Can a DUI be dismissed or reduced in Colorado?
While possible, it’s challenging to have a DUI charge dismissed, unless there are issues with the traffic stop, testing procedures, or violations of your rights. In many cases, charges can be reduced to a lesser offense, or potentially a deferred sentence, through plea negotiations. Every DUI case is unique, and requires an individual approach and defense strategy to obtain the best outcome.
9. Will a DUI show up on a background check?
Yes. A DUI conviction is part of your permanent criminal record in Colorado and cannot be sealed or expunged. It will show up on background checks and can impact employment opportunities, housing applications and more. However, if a DUI charge is dismissed, or you successfully complete a deferred sentence, a DUI or DWAI is sealable.
10. Do I need a lawyer for a DUI in Colorado?
I strongly recommend hiring a DUI defense attorney in every DUI case. As a former prosecutor and defense attorney for many years, I think people should always consult with an attorney on their case. The penalties and consequences are too severe to just “wing it” on your own. Navigating DUI charges involves complex legal and administrative processes. An experienced DUI attorney can help protect your rights, explore defense strategies, negotiate plea deals and guide you through court and DMV proceedings.
11. What is the most likely outcome for a first time DUI?
For first time offenders in Colorado, courts often impose probation, fines, mandatory alcohol education, community service, a MADD panel, and license revocation. Jail time may be suspended if you complete court-ordered programs. Jail time may be imposed in some circumstances. Each case is unique, and outcomes can vary based on the circumstances and legal representation.
12. What is the best plea deal for a DUI?
The best possible resolution is generally a dismissal of all counts and sealing of one’s record. Short of a dismissal, a strong plea deal could reduce the DUI charge to a lesser offense. A good deal in another circumstance might be a deferred sentence. These reductions can mean lighter penalties and fewer long-term consequences. To achieve these outcomes, you need to find weaknesses in the prosecution’s case and/or have your attorney negotiate effectively. The best deal isn’t a one-size fits all answer. Your DUI defense lawyer can discuss the best deal for you based on the facts of your case and your situation.
13. What is the best defense for a DUI?
DUI defenses can include challenging the legality of the traffic stop, questioning the accuracy of breath or blood tests, highlighting procedural errors, or presenting alternative explanations for observed impairment. The best defense strategy will depend on your case and should be developed with a knowledgeable DUI attorney.
14. What is the most common sentence for a first DUI?
Common sentences for first time DUI convictions are:
- Probation: Up to 2 years.
- Fines: $600 to $1,000 plus court fees.
- Community Service: 48 to 96 hours.
- Alcohol Education: Mandatory alcohol education and treatment program.
- License Revocation: Up to 9 months with possible early reinstatement under certain conditions.
- MADD panel: Also known as the “VIP”, or victim impact panel, through Mothers Against Drunk Driving.
Jail time (or jail alternative) may be imposed, but is often suspended if you meet all court requirements and conditions of probation. In Colorado, if your BAC is above a .20, jail time is mandatory, even on a first offense. Discuss with your attorney possible jail alternatives and defense strategies to avoid jail time and other penalties on your first DUI.
Conclusion
A DUI in Colorado is a serious matter with big legal and personal consequences. Knowing your rights, the process, and defenses is key. Having an experienced DUI defense attorney can make a big difference in your case.