If you are reading this, chances are you or someone you care about is facing a driving under the influence (DUI) charge in Colorado. Whether you’re dealing with the confusion of a first offense or the stress of a repeat incident, we understand how overwhelming it can be. It’s normal to feel worried about your future and what the consequences might mean for your life. At Hebets & McCallin P.C., we want you to know that you are not alone. We are here to help guide you through this difficult time, providing you with the support you need to achieve the best possible outcome for your case.
Colorado’s DUI laws are strict, and the penalties for driving under the influence can be severe. However, the legal system does provide opportunities for individuals to defend themselves and seek a favorable resolution. The following sections will break down what you need to know about Colorado’s DUI laws, explain the possible consequences, and show how an experienced attorney can help you navigate your case. By the end of this blog, you’ll have a clearer understanding of the legal process and why having the right representation is crucial.
What Exactly Is a DUI in Colorado?
A DUI charge in Colorado occurs when a person operates a motor vehicle while under the influence of alcohol or drugs. The legal blood alcohol concentration (BAC) limit in Colorado is 0.08 percent for regular drivers, but it drops to 0.02 percent for drivers under the age of 21 or those who hold a commercial driver’s license (CDL). DUI charges are serious offenses, and the law takes them very seriously, with penalties that increase depending on the circumstances of the case.
It’s essential to note that DUI in Colorado is not limited to alcohol consumption alone. It also includes impairment caused by drugs, including prescription medications, marijuana, and illegal drugs. If an officer determines that you are unable to drive safely due to the influence of alcohol or drugs, you may be arrested and charged with DUI.
The Different Types of DUI Charges in Colorado
In Colorado, there are different classifications of driving under the influence offenses. A DUI charge can be classified as DUI (Driving Under the Influence), which is the most severe charge and involves a BAC of 0.08 percent or higher, or if you are impaired by drugs to the point of being unable to operate your vehicle safely.
Another classification is DWAI (Driving While Ability Impaired), which applies when a person’s BAC is between 0.05 percent and 0.08 percent or if drugs are affecting their ability to drive. While this is less severe than DUI, it can still result in serious consequences.
The third classification is DUID (Driving Under the Influence of Drugs), which applies if you are caught driving under the influence of drugs, whether prescription or illegal. Unlike alcohol, there isn’t a specific BAC limit for drugs, and officers will rely on their observations and testing to determine if you are impaired.
Each type of charge has its own set of penalties, and the specifics of your case will influence what you face in court. Understanding the differences between these charges will help you know what you’re up against.
Penalties for a DUI in Colorado
The consequences of a DUI conviction in Colorado can vary based on factors like your BAC level, whether it’s your first offense, and if there were any aggravating circumstances such as accidents or injuries. DUI penalties can include fines and fees, which can add up to thousands of dollars depending on the severity of the offense and whether it’s a first or repeat offense.
You could also face jail time. A first DUI conviction may lead to a jail sentence of up to 1 year, depending on the circumstances of your case. For second or third offenses, the jail time can be much longer.
Your driver’s license may also be suspended for a period of time. A first offense may result in a suspension of up to 9 months, while a second offense can lead to a suspension of up to 1 year.
You may be ordered to attend alcohol education classes or treatment programs. These can be both time-consuming and expensive.
In some cases, convicted individuals may be required to complete community service hours as part of their sentence.
For repeat offenders, these penalties become even more severe. Second and third offenses may result in longer license suspensions, larger fines, and even longer jail sentences.
The Role of Field Sobriety Tests and Breathalyzer Tests
If you’re pulled over and an officer suspects that you’re driving under the influence, they will likely ask you to perform field sobriety tests. These tests are meant to determine if you are impaired. While you have the right to refuse field sobriety tests, refusing a breathalyzer test comes with its own set of consequences in Colorado.
Colorado has an “express consent” law, which means that by driving on the roads in the state, you’ve given implied consent to submit to chemical testing if you’re suspected of DUI. If you refuse a breathalyzer or blood test after being arrested, you may face automatic administrative penalties such as a longer driver’s license suspension, even if you are not convicted of DUI in court.
What Happens After a DUI Arrest
After you’re arrested for DUI in Colorado, the legal process will begin. Typically, the arrest will be followed by:
A Court Hearing, where the charges will be formally read, and you’ll be given an opportunity to enter a plea. In some cases, a plea deal may be offered.
You’ll also have a license hearing with the Colorado Department of Revenue to determine whether your license will be suspended. This hearing is separate from the criminal case and must be requested within a short period of time after your arrest.
Depending on the circumstances, your case may go to trial or be settled through negotiation. A settlement can involve pleading guilty to a lesser charge or accepting a plea deal that reduces the penalties you face.
It is crucial to have an attorney by your side during this time, as they can help you understand your options and advocate for the best possible result.
How Can an Attorney Help Your DUI Case
Facing a DUI charge in Colorado can be intimidating, but having the right legal representation can make all the difference. An experienced attorney can provide you with guidance and support throughout the entire legal process. They can help you understand your rights, navigate the legal system, and work toward achieving the best possible outcome for your case.
An attorney can challenge the evidence, negotiate a plea deal, help with license issues, and provide emotional support during this stressful time.
If you’ve been charged with DUI in Colorado, it’s important to act quickly. The consequences of a DUI conviction can be life-altering, but you don’t have to face it alone. At Hebets & McCallin P.C., we understand the challenges that come with DUI charges, and we are here to help you through every step of the legal process. Our team is committed to fighting for the best possible outcome in your case and providing you with the support and guidance you need during this difficult time.
Reach out today for a consultation, and let us help you navigate your DUI case with confidence. Together, we can work toward achieving the best result possible.