A friend or a family member was just charged with a Colorado DUI or a DWAI. Before you call a DUI attorney in Colorado, make sure they understand the legal definitions and penalties involved.
They now have 2 separate legal matters going on simultaneously.
- A Criminal Prosecution, where you must go to Court and appear in front of a Judge;
- A Civil Administrative Hearing with the DMV, where you must appear in front of the Hearing Officer of the Colorado Division of Motor Vehicle.
What confuses most people, especially if you try to figure this out on the internet is that what happens at the DMV may not impact the Criminal Court proceeding. What happens at the Criminal Court proceeding may impact the DMV. That is why an experienced Criminal DUI Lawyer can help you navigate the pitfalls of both the DMV and Criminal DUI Court.
Let’s begin with the legal definitions and criminal penalties for a Colorado DUI or DWAI. What do those terms mean and what is the difference?
What is a Colorado DUI: Driving Under the Influence?
DRIVING UNDER THE INFLUENCE OF ALCOHOL / DRUGS 42-4-1301(1)(a); 42-4-1307
ELEMENTS: On or about the date and place charged, in [your] County, Colorado, you drove a vehicle (or were in actual physical control of a vehicle) when you had consumed alcohol or drugs or both so that you were substantially incapable of safely operating the vehicle. 12 points will be assessed against your driver’s license, which may result in the revocation of your driving privileges.
What is a Driving While Ability Impaired (DWAI) in Colorado?
DRIVING WHILE ABILITY IMPAIRED 42-4-1301(1)(b); 42-4-1307
ELEMENTS: On or about the date and place charged, in [your] County, Colorado, you drove a vehicle (or were in actual physical control of a vehicle) when you had consumed alcohol or drugs or both so that your ability to operate the vehicle was impaired, even to the slightest degree. 8 points will be assessed against your driver’s license, which may result in the revocation of your driving privileges.
FIRST OFFENSE PENALTIES IN YOUR LIFETIME
DWAI – FIRST OFFENSE: Imprisonment in the county jail for not less than 2 days nor more than 180 days, all of which may be suspended upon successful completion of an alcohol program. A fine of not less than $200 nor more than $500. Community service of not less than 24 hours nor more than 48 hours. Probation may be imposed at the Court’s discretion.
DUI – FIRST OFFENSE: Imprisonment in the county jail for not less than 5 days nor more than 1 year, all of which may be suspended upon successful completion of an alcohol program. A fine of not less than $600 nor more than $1,000. Community service of not less than 48 hours nor more than 96 hours. Probation may be imposed at the Court’s discretion.
DUI OR DWAI – FIRST OFFENSE – BAC .20 OR HIGHER: Imprisonment in the county jail for not less than 10 days nor more than 1 year. The court may not suspend the minimum sentence but may allow work release or in-home detention. Fine and community service requirements are the same as indicated above. Probation may be imposed at the Court’s discretion.
SECOND & SUBSEQUENT OFFENSE PENALTIES IN YOUR LIFETIME
The sentences for all second and subsequent convictions for alcohol-related offenses have 2 parts: an initial jail term followed by mandatory probation, which altogether carries a potential jail sentence of up to 2 years, fines ($600-$1,500), costs, and community service requirements.
The initial jail sentence will be a defined term up to 1 year. Probation will be for 2 years, which the court may extend to 4 years. An additional 1-year jail sentence will be suspended on the condition of successful completion of probation. Should probation be revoked, the additional 1-year suspended sentence may be imposed, with no credit granted for time served from the initial sentence.
DUI, DUI PER SE, DWAI, OR HABITUAL USER WITH PRIOR CONVICTION FOR DUI, DUI PER SE, DWAI, HABITUAL USER, VEHICULAR HOMICIDE (DUI), VEHICULAR ASSAULT (DUI), AGGRAVATED DRIVING WITH A REVOKED LICENSE AS A HABITUAL TRAFFIC OFFENDER (DUI OR DWAI), OR DUR/ALCOHOL: Imprisonment in the county jail for 10 consecutive days to 1 year. The Court may not suspend the minimum sentence but may allow for work release or in-home detention. Penalties may also include a $600–1,500 fine and 48–120 hours of community service.
IF THE PRIOR OFFENSE WAS LESS THAN 5 YEARS BEFORE THE DATE OF THE CURRENT OFFENSE: In-home detention is not allowed for the minimum period of imprisonment. The Court may authorize work release.
DUI, DUI PER SE, DWAI, OR HABITUAL USER WITH 2 PRIOR CONVICTIONS FOR ANY OF THE FOLLOWING: DUI, DUI PER SE, DWAI, HABITUAL USER, VEHICULAR HOMICIDE (DUI), VEHICULAR ASSAULT (DUI), AGGRAVATED DRIVING WITH A REVOKED LICENSE AS A HABITUAL TRAFFIC OFFENDER (DUI OR DWAI) OR DUR/ALCOHOL: Imprisonment in the county jail for not less than 60 consecutive days to 1 year. The Court may neither suspend the minimum sentence nor allow in-home detention during the minimum period of imprisonment. The Court may authorize work release. Penalties may also include a $600–1,500 fine and 48–120 hours of community service.
https://www.ncdd.com/colorado-dui-laws
A Colorado DUI or DWAI is very serious and can be very complicated. This will likely have a substantial impact on your family, your job, and your finances. Call for help!
Please contact an experienced DUI/DWAI attorney to discuss how to best handle this matter under your unique circumstances!
