Facing a DUI charge in Colorado can be a daunting experience, especially if it’s your first offense. One of the most pressing questions on your mind might be, “Will I go to jail?” I hate to say it, but the answer is “Maybe.”
While jail time is always a possibility on any DUI or DWAI case, various factors influence the outcome of your first offense DUI charge. In this post, we’ll explore the key factors that can determine whether you’ll go to jail for a first offense DUI in Colorado and discuss possible alternatives. In every DUI case, a defense attorney should discuss your options, and the likelihood of receiving a jail sentence based on your individual circumstances.
BAC Above a .20?
One of the critical factors that can impact the severity of your DUI case is your blood alcohol concentration (BAC) at the time of arrest. In Colorado, the legal limit is typically 0.05 for a presumptive DWAI, and a .08 for a presumptive DUI. Keep in mind, if your BAC is above a .20 within 2 hours of driving, a minimum of 10 days of detention time is mandatory. However, there are a few things to consider that we’ll discuss below.
Was the Test Completed Within 2 Hours of Driving?
The timing of your blood alcohol test can also influence your case. Colorado law states that blood or breath tests administered outside of two hours of driving do not require jail time, even if the test is above a .20. If the test was conducted outside this timeframe, it may weaken the prosecution’s case and reduce the chances of jail time. The burden is on the State to prove the time of driving was within 2 hours of the time of the test. Remember, even if jail time (detention) isn’t mandatory, it doesn’t mean that the Judge can’t still impose jail time if they believe it to be appropriate.
Aggravating Factors
Certain aggravating factors can increase the likelihood of jail time for a first offense DUI in Colorado. These factors may include:
- Serious Accidents: If your DUI arrest resulted from a serious accident that caused injury or property damage, it can lead to more severe consequences, including jail time.
- Other Criminal Charges: If you face additional criminal charges alongside your DUI, such as reckless driving, drug possession, illegal possession of a weapon (drunk with a gun), it can escalate the penalties and increase the chances of jail.
Jail Is Always Possible on a drunk driving charge
It’s essential to understand that jail is always a possibility for a first offense DUI in Colorado, even without aggravating factors. The severity and length of your potential jail sentence can vary depending on several factors, including:
- County Where It Happened: Different counties in Colorado may have varying approaches to DUI cases. Some counties may be more lenient, while others may have stricter policies.
- The Judge: The judge presiding over your case plays a significant role in determining your sentence. Some Judges may commonly sentence people to detention on a first DUI, while others almost never do, unless it is mandatory. Their willingness to consider mitigating factors may also impact the outcome.
- The District Attorney (DA): The DA assigned to your case may have a specific approach to DUI prosecutions. Some may be more open than others to plea bargains or alternative sentencing options.
- Aggravating and Mitigating Factors: As mentioned earlier, aggravating factors can increase the likelihood of jail time, while mitigating factors may help reduce the severity of your sentence. Some mitigating factors might include a clean criminal history, or getting started early on community service or alcohol treatment.
Jail Alternatives
In Colorado, several alternatives to traditional jail sentences may be available, even for first offense DUIs. These alternatives aim to balance punishment with rehabilitation and may include:
- In-Home Detention: Some counties offer in-home detention programs that allow you to serve your sentence at home while wearing an electronic monitoring device. This option provides more flexibility and allows you to maintain your employment and family commitments.
- Work Release: Work release programs permit you to leave jail during certain hours to attend work or other approved activities. This option allows you to maintain employment and financial stability while serving your sentence. Unfortunately, work release is not currently available in every County in Colorado.
While jail time is a possibility for a first offense DUI in Colorado, it’s not automatic. The outcome of your case depends on various factors, including your BAC, the timing of the blood alcohol test, aggravating or mitigating factors, the county where the offense occurred, the judge, and the DA. In fact, in the majority of cases, we are able to avoid any jail time or jail alternative on a first offense DUI.
If you’re facing a first offense DUI charge, it’s essential to consult with an experienced DUI attorney who can assess your case, explain your options, and work to achieve the best possible outcome for your situation. At the McDowell Law Firm, we have a proven track record of helping clients facing DUI charges navigate the legal process and explore alternatives to jail time. Contact the McDowell Firm today for a confidential consultation to protect your rights and future.