Picture this: You were just charged with a Colorado DUI or a DWAI. Before you call a DUI attorney in Colorado, make sure you 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.
Legal Definitions
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.
What is BAC and Why Does it Matter?
Blood Alcohol Concentration (BAC) refers to the percentage of alcohol in a person’s bloodstream and can be measured accurately within 30-70 minutes after drinking. The BAC number simply indicates blood alcohol level in grams per volume of breath for breath tests or blood for blood tests. It is stated as a percentage, which simply tells us how many grams per every 100 milliliters of blood (g/100 ml of blood) or grams per every 210 liters of breath (g/210 l of breath). In all 50 states, the legal limit for drunk driving is a blood alcohol concentration (BAC) level of 0.08% and 0.05% for DWAI.
What is a Persistent Drunk Driver?
The state of Colorado will consider you a Persistent Drunk Driver if your blood alcohol level is 0.15% or higher and refuse a request to take a required breath, blood, saliva, or urine test following an arrest for DUI or DWAI.
What is an Ignition Interlock Device?
An ignition interlock device or breath alcohol ignition interlock device is a breathalyzer for an individual’s vehicle as one part of their court-mandated requirements. It requires the driver to blow into a mouthpiece on the device before starting or continuing to operate the vehicle to determine if their blood alcohol content is within legal limits (less than 0.15%). If it detects an elevated alcohol concentration level, the vehicle will not start. A DUI or DWAI conviction could require participation in an Ignition Interlock Program.
Now, let’s discuss the fines and penalties you might be facing resulting from DWAI(s) or DUI(s).
First Offense Penalties
DWAI – FIRST OFFENSE
Imprisonment in the county jail for not less than 2 days nor more than 180 days. Jail time may be suspended upon successful completion of an alcohol program. A fine of not less than $200 nor more than $500. First-time DWAIs also add 8 DMV points to your DMV driving record. 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. Jail time may be suspended upon successful completion of an alcohol program. A fine of not less than $600 nor more than $1,000. First-time DUIs also add 12 DMV points to your DMV driving record and a driver’s license revocation period of nine months. 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. Add 4 DMV points to your DMV driving record, and a driver’s license revocation period of three months. Fine and community service requirements are the same as indicated above. Probation may be imposed at the Court’s discretion.
Second Time & Subsequent Offense Penalties
The sentences for all second offenses and subsequent convictions for alcohol-related offenses have 2 parts: an initial mandatory 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 of 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.
Habitable User With Prior Conviction
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.
Prior Offense Less Than 5 Years
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.
Habitable User With 2 Prior Convictions
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.
Contact Denver’s Defense Attorney
A Colorado DUI or DWAI is very serious and can be complicated – it will likely substantially impact your family, job, and finances. An experienced law firm and a strong attorney-client relationship can help manage the consequences of a DUI or DWAI charge. Let the Law Offices of M. Colin Bresee navigate Colorado law on your behalf. Please contact our DUI/DWAI attorney to schedule a free consultation and discuss the circumstances surrounding your driving offense.
