Driving under the influence (DUI) is one of Colorado’s most important public safety issues, and as such, the state legislature has enacted strict laws and consequences for convictions for drunk driving charges (DUI,DWAI,DUID). One of Colorado’s approaches to DUI prevention is severe penalties to deter would-be offenders.
The state has a multi-faceted approach, that includes criminal penalties and administrative consequences. Understanding these laws is key for those being charged and every driver in Colorado.
In Colorado, even a first-time DUI faces severe penalties. DUI can cause serious injury or death from drunk or drugged driving.
Even a first DUI conviction is permanent, it always shows up on your criminal history and driving record. (you may be able to avoid the permanent record by negotiating for a deferred sentence). A first-time DUI in Colorado includes jail time, big fines, monitored sobriety, and treatment. The consequences are serious for a first-time offense, but get more severe for second and subsequent convictions.
In this blog, we will discuss the factors that affect DUI jail time, how much time in jail for a DUI, the laws, and the penalties. Let’s get into the consequences of a DUI and how to avoid and deal with it.
What Are Colorado’s DUI Penalties?
Loss of driving privileges, big fines, jail time and court costs are some of the consequences you face if you are drunk or drugged driving. You need to know that an allegation of DUI can be related to marijuana, other drugs (rx and recreational), and alcohol. It’s advised to know the consequences of a DUI conviction.
Looking for the DUI sentencing guidelines requires you to understand the DUI laws that govern alcohol-related offenses. Driving with a blood alcohol concentration above the legal limit is a traffic misdemeanor in Colorado that comes with big consequences. You can be charged with DEAC (driving with excessive alcohol content) also known as DUI per se.
A DWAI, or driving while ability impaired shows your driving ability is slightly impaired. Even if it’s not the first time, the penalties are fines, probation, ignition interlock, license suspension, community service and jail time.
A second offense adds to these penalties, with additional license suspensions, extended probation, higher fines and longer jail time. Other aggravating factors are excessive speeding, reckless driving, possession of weapons, resisting arrest, or other criminal charges.
Factors That Affect DUI Jail Time
Before you know how much time in jail for a DUI, you need to understand the factors that affect DUI jail time. Some factors that are considered include high BAC levels, minors in the vehicle (child abuse), accidents, and prior convictions. If you are DUI and cause serious bodily injury (SBI) to another, you will face vehicular assault charges. However, even minor injuries can be considered as aggravators at sentencing.
Below are some factors police are looking for when doing DUI enforcement:
- Erratic driving—This includes driving suddenly, speeding or not following traffic signals, that alerts an officer to impairment.
- Physical appearance and behavior – If an individual slurs their speech, smells of alcohol, has bloodshot eyes or seems confused, are considered signs of intoxication.
- Field sobriety tests – Any failure on roadside tests gives the officer reason to believe the driver is impaired.
- Admissions of consumption – If a driver admits to drinking alcohol or using drugs before driving it’s considered probable cause for DUI jail time.
Blood Alcohol Content Levels
The Blood Alcohol Content (BAC) level is important during arrests and penalty determination. According to Colorado law BAC levels are –
- 0.05% – 0.079%: Driving while ability impaired (DWAI)
- 0.08% or higher: Driving under the influence (DUI)
The penalties increase with higher BAC levels, here’s the breakdown –
- BAC of 0.15% or higher: High BAC offender
Previous DUI Convictions
If you have multiple DUI convictions it affects the sentencing. The law states:
- First Offense: see chart below
- Second Offense: Increased fines and mandatory jail time. Minimum 10 days jail.
- Third or Subsequent Offenses: Longer jail time, felony charges, and big fines. Minimum 60 days jail.
- Fourth DUI- Class 4 Felony 2-6 years in Prison.
Minors in the Vehicle
If you have a minor in the vehicle when you are arrested, it will often be considered as an aggravator. You may also receive child abuse charges, even if no one is injured. Some potential consequences:
- Longer Jail Terms: DUI jail time for injury depends on child endangerment statutes.
- Increased Fines: It adds extra fines on top of DUI charges.
- Mandatory Educational Programs: It includes parenting classes.
These penalties can be cumulative, so you need legal representation from an experienced DUI lawyer.
In Colorado if you are considered “Under the Influence” with alcohol, blood or breath content of 0.080 or greater.
- You can be charged with DUI if your test comes back at a 0.080, or greater.
- You get charged with DUI even if you refuse to take a chemical test, if you show signs of impairment or being under the influence.
A DUI (4th or greater) conviction can result in up to 6 years in prison. If probation is granted it includes 90 days of continuous alcohol monitoring. Plus, you will have to serve a 2 year license suspension.
Colorado Springs DUI Laws & Penalty Chart
In Colorado, the laws for driving under the influence (DUI) and driving while ability impaired (DWAI) are tough with big penalties for anyone convicted. These are in place because driving impaired puts the driver and other motorists, pedestrians, and bystanders at risk.
Impaired driving slows down reaction time and hand-eye coordination making safe driving impossible. You should always be sober when you drive. If you’re not, you’ll face serious legal consequences. Wondering how much time you’ll get for DUI? Check out the chart below.
The good news is that experienced DUI lawyers have many ways to challenge both DUI arrests and Colorado DMV license suspension cases. The penalties for DUI, DUI per se and DWAI in Colorado get harsher with each subsequent conviction. Here’s a look:
| Offense | Jail term | Can court suspend jail? | Probation | Fine | Public service | License revocation |
| 1st DUI | 5 days – 1 year | Yes. Court can suspend jail with alcohol/drug evaluation and education | Up to 2 years | $600 – $1,000 | 48 – 96 hours | 9 months |
| 1st DUI with BAC > .20% | 10 days – 1 year | No. Here the court can allow home detention | Up to 2 years | $600 – $1,000 | 48 – 96 hours | 9 months |
| 1st DWAI | 2 days – 180 days | Yes. Court advises alcohol/drug evaluation and alcohol education | Up to 2 years | $200 – $500 | 24 – 48 hours | none |
| 1st DWAI with BAC > .20% | 10 days – 1 year | No. Even in this case, the court can grant home detention | Up to 2 years | $200 – $500 | 24 – 48 hours | none |
| 2nd DUI/DWAI in 5 years | 10 days – 1 year | No, court allows home detention | 2 – 4 years | $600 – $1,500 | 48 – 120 hours | 1 year |
| 2nd DUI/DWAI after 5 years | 10 consecutive days – 1 year | No, but court can grant home detention | 2 – 4 years | $600 – $1,500 | 48 – 120 hours | 1 year |
| 3rd DUI/DWAI | 60 consecutive days – 1 year | No, here the court grants work release or community corrections | 2 – 4 years | $600 – $1,500 | 48 – 120 hours | 2 years |
The DUI Process in Colorado Springs
Dealing with a DUI arrest and the legal process is overwhelming and scary. Knowing what to look for when you’re sentenced for DUI and the administrative process after an arrest allows you to explore options to fight DUI or DWAI charges.
Arrest and Booking
It starts with the arrest. In Colorado Springs if the DUI is a felony you can be taken into custody and required to post bond after you receive the ticket. Here the police will take you into custody and you’ll be arrested. You’ll need to post bond before you’re released. This includes taking personal info, fingerprints and details of the alleged offense. If you aren’t processed in jail, you may have to do fingerprints at a later date.
First Appearance
After the arrest you’ll need a first appearance. During the hearing you’ll be told of the charges against you and then you’ll discuss them with the DA. Every county does this process differently. Some counties may use this as an arraignment and ask you to enter a plea of ‘guilty’ or ‘not guilty.’ In many counties entering a plea comes later in the process.
Pre-trial Motions and Negotiations
Your DUI attorney files pre-trial motions to exclude evidence based on police violations of the Constitution. Consultations with the prosecution happen during this phase to see if there are any plea deals.
Trial
If no plea deal is made, your case will go to trial. Here the evidence is presented, witnesses testify and both sides present their case. A judge (Court Trial) or jury will decide if you’re guilty or not guilty.
Sentencing
If you’re found guilty the court will sentence you to fines, license suspension, alcohol education classes, community service, or jail time. The sentence depends on the severity of the crime and any prior offenses.
In Colorado, you’ll find tough intoxicated driving laws. If you’re charged with a DUI or DWAI you need to work with experienced attorneys.
Severe Consequences for Subsequent DUIs
When you’re convicted of a subsequent DUI you’re considered a repeat drunk driver and certain things will happen. This includes installing an ignition interlock device in your vehicle for at least 2 years, completing at least 24 hours of alcohol and drug education classes in 12 weeks, (therapy may be required) and getting and showing proof of a specific type of financial responsibility insurance.
These DUI penalties are in addition to any penalties you face from your DUI charge.
Since DUI penalties increase with each conviction it’s crucial to contact a DUI defense attorney if you’re in this situation. You can also talk to an attorney about challenging your classification as a repeat drunk driver. Experienced Colorado Springs DUI attorneys handle all types of DUI cases.
Most judges won’t send a first-time offender to jail, unless they have major aggravators, or jail is mandatory. There are certain circumstances where jail time is required even for first-time offenders.
A DUI with a blood or breath alcohol content (BAC) of 0.20 or higher requires a minimum of 10 days in jail. A first DUI also requires a 9 month suspension of your driving privileges.
If you’ve been convicted of a DUI in the past any future offense will be much more severe. A second DUI includes:
- 10 days in jail (up to 1 year)
- $1,500 fine
- 1 year loss of driver’s license (may apply for early reinstatement with an interlock)
- 48-120 hours of community service
- Up to 4 years of probation
- Alcohol education classes
How to get out of or reduce jail time for a DUI?
A DUI attorney will help you navigate the complexities of Colorado’s drunk driving laws. You need legal representation to challenge the issue, chemical tests and criminal charges. They look at everything to reduce or dismiss the charges.
Even if it’s your first offense DUI charges are serious and can affect you long term. In this situation you need to know your rights and the consequences of a DUI conviction.
Here are the ways to get the best outcome for your DUI –
Assess the evidence
Your attorney will review the results of your breathalyzer or blood test and review the legality of the traffic stop. They will protect your rights during the arrest process. A good defense attorney can file motions to suppress evidence if it was obtained illegally which can result in a dismissal or reduction of charges.
There are ways to challenge the prosecution’s case if:
- Breathalyzer or blood test was given incorrectly
- Device was not calibrated
- Police officer didn’t establish a valid reason for the traffic stop
- Police made mistakes during field sobriety tests
Get to know the process
The legal process after a first-time DUI arrest can be confusing and overwhelming. If you’re wondering how to get a DUI lawyer, consider the lawyer’s experience with cases in that state and city. Hiring an experienced defense attorney will guide you through each step of the case.
They will explain the possible outcomes, inform you of your options and make sure you understand your rights.
Plea bargaining
Even with strong evidence against you a good DUI defense attorney can try to reduce the charges and penalties. For example, a first-time DUI can be reduced to a lesser charge like a DWAI, or even a deferred sentence, which can have less severe consequences.
Your attorney can propose different sentencing options like probation, community service, or substance abuse treatment programs for reduced fines or less jail time.
Long-term consequences
lthough a first-time DUI is a misdemeanor it can have long-term effects especially if you get convicted again later. A criminal defense attorney will prevent or reduce these consequences by getting a good outcome for your situation.
A DUI conviction can affect your life for years to come including:
- Trouble finding employment
- Denial of housing applications
- Mark on your criminal record
- Higher insurance premiums
Represent you in court
Going to court for a DUI charge can be intimidating especially if it’s your first time in front of a judge. Your defense attorney will represent you in court, make sure your case is presented well and all legal protocols are followed.
A DUI defense attorney in your area will know the local courts, judges and prosecutors and can give you valuable guidance on how to approach your case.
Drive Safe and Handle Your DUI Issues with McDowell Law Firm
Your DUI defense attorney will work to get the best deal from the prosecutor for you. Many drunk driving cases can be resolved without a trial. So you are well-advised to have an attorney by your side. Hiring an experienced attorney can potentially reduce your charges and jail time.
When you’re facing a DUI charge the penalties can be severe and can affect your life for years to come. If you want to know how much jail time you’ll get for DUI and want to reduce your charges, contact us. At McDowell Law Firm we can help you get the best outcome for your case.
Frequently Asked Questions –
1. What’s the typical sentence for a first DUI?
A first-time DUI in Colorado is an unclassified traffic misdemeanor. The jail sentence can range from no jail up to 1 year. The actual time served is dependent on many factors: plea negotiations and participating in alcohol education or treatment programs.
2. Is jail time required for DUI in Colorado?
In Colorado, jail time is mandatory if you have prior DUI/DWAI convictions. Detention time is also required if your BAC (blood alcohol content) is 0.20% within 2 hours of driving. If you have prior convictions and get a second conviction you’ll get a minimum of 10 days in jail, mandatory sentence. You may be eligible for work release or in-home detention.
3. Is DUI a felony or misdemeanor in Colorado?
Driving under the influence is a class 4 felony if the violation occurred after 3 or more prior convictions. It can be from separate and distinct criminal episodes for DUI, DUI per se or DWAI.
4. Do you lose your license for a first DUI in Colorado?
Yes. You can lose it through an administrative action (DMV “per se” revocation), or by pleading guilty to a DUI. You may be eligible for immediate reinstatement with an interlock, SR-22, and other conditions.