Put an experienced Colorado DUI Defense Attorney in your corner.

A Drunk Driving offense can have a serious impact on your life, your license and your future.
Colorado DUI laws are complicated and can result in severe penalties However, with an experienced DUI defense attorney, you can minimize the consequences or possibly avoid a DUI conviction altogether. Every DUI case is unique to the individual. Every drunk driving case presents legal and factual issues that can be used to your benefit in defending your case. To speak to an experienced Denver DUI lawyer about your options and to receive a free individual case evaluation, contact our offices at 303-573-1234.

In every drunk driving case in Colorado where the Blood Alcohol Content (BAC) is above a .08, two separate DUI cases are initiated. First, is the criminal case, and second is the DMV case.

The DUI Criminal Case
A DUI charge can result in high fines, community service, alcohol classes/alcohol therapy and even jail time.

DUI investigations can be technical and complex, especially when dealing with results of a chemical test of your breath or blood. In some instances inexperienced or careless police officers make vital mistakes when processing a drunk driving case. Whether it be an issue with the initial stop of the vehicle, or an error that arises from following the chemical testing procedures, our attorneys review each step of your case to find legal and factual issues in the Government’s case against you. Violations of your legal rights can result in the suppression of evidence against you, or even result in the dismissal of your charges.

Even in the case where the police properly followed procedure, there are many steps an experienced DUI lawyer will take to minimize your consequences. Through plea-bargaining with the District Attorney.

The DMV case
The Department of Motor Vehicles (DMV) case is an administrative action and is separate from the criminal case. The DMV case can take away your privilege to drive for an extended period of time. The period of revocation of your license depends on various factors including: prior DUI, refusal, BAC above .17.

On your first DMV case you will be eligible for early reinstatement with an interlock device as long as you did not refuse chemical testing. The length of the interlock device requirement is based on your blood alcohol content.

If you received a ticket for DUI, you may have as little as 7 days to request a DMV hearing!!

Possible penalties for Drunk Driving Charges in Colorado:
Driving While Ability Impaired by Alcohol or Drugs (DWAI)

Penalties for First Offense:

2-180 days in county jail
Mandatory minimum fine of $200.00, up to $500.00 in addition to court surcharges
Mandatory minimum 24 hours of community service, up to 48 hours of community service
8 points assessed against the Defendant’s driver’s license
Court costs as ordered by the court
$100.00 persistent drunk driving surcharge
Up to 2 years probation

Penalties for Second Offense:

Mandatory minimum of 10 days, up to 1 year in county jail, if first DWAI conviction was less than 5 years prior
Mandatory minimum fine of $600.00, up to $1,500.00 in addition to court surcharges
Mandatory minimum of 48 hours of community service, up to 120 hours of community service
8 points assessed against the Defendant’s driver’s license
Court costs as ordered by the court
$200.00 persistent drunk driving surcharge
Mandatory minimum of 2 years probation, up to 4 years probation, probation conditions include:
-1 year suspended jail

-Level II alcohol and drug education or treatment program

-Restitution

-Any other conditions the court requires

Penalties for Third and Subsequent Offenses:

Mandatory minimum of 60 days in county jail, up to 1 year
Mandatory minimum fine of $600.00, up to $1,500.00 in addition to court surcharges
Mandatory minimum of 48 hours of community service, up to 120 hours of community service
8 points assessed against the Defendant’s driver’s license
Court costs as ordered by the court
$300.00-$500.00 persistent drunk driving surcharge
Mandatory minimum of 2 years probation, up to 4 years probation, probation conditions include:
-1 year suspended jail

-Level II alcohol and drug education or treatment program

-Restitution

-Any other conditions the court requires

First Offense DUI, DUI Per Se, and Habitual User:

Jail:
a) The court must impose a minimum of five days in the county jail, and may impose a maximum of up to one year;

b) The minimum can be suspended if, as a condition of the suspended sentence, the offender undergoes a pre-sentence or post-sentence alcohol and drug evaluation and satisfactorily completes and meets al financial obligations of a level I or level II program as determined to be appropriate by the alcohol and drug evaluation;

c) EXCEPT if BAC is .200 or more, the court must impose a mandatory minimum of 10 days, none of which can be suspended, and may impose a maximum of up to one year. The sentencing alternatives authorized by C.R.S. § 18-1.3-106 may be used.

Fine:
a) The court must impose a minimum fine of $600 but not more than $1000;

b) The court shall have the discretion to suspend all or part of the fine.

Useful Public Service:
a) The court must impose a minimum of 48 hours of useful public service (UPS) and may impose up to 96 hours of UPS. The court does not have discretion to suspend UPS.

Probation:
a) The court may order up to two years of probation;

b) Payment of any restitution due as a condition of probation.

Second Offenses DWAI, DUI, DUI Per Se, or Habitual User:

If, at the time of sentencing, the defendant has one prior conviction for DWAI, DUI, DUI per se, habitual user, vehicular homicide pursuant C.R.S. § 18-3-205(1)(b), vehicular assault pursuant to § 18-3-205(1)(b), aggravated driving with a revoked license pursuant to § 42-2-206(1)(b)(I)(A) or (1)(b)(I)(B), or driving while the person’s driver’s license was under restraint pursuant to § 42-2-138(1)(d), the minimum sentence the court can impose is outlined below. It is important to note that prior unsuccessful deferred judgments for any of these offenses count as convictions. However, prior successful deferred judgments do not. C.R.S. § 42-4-1307(2)(a).

Jail:
a) The court must impose a minimum of 10 days in the county jail, which must be served consecutively. The court may impose up to one year;

b) The court must also impose one additional year of jail, suspended as a condition of successfully completing probation;

c) The sentencing alternatives authorized by C.R.S. § 18-1.3-106 may be used unless the person has a prior conviction as defined in § 42-4-1307(9) that occurred within the five previous years, in which case the only sentencing alternatives that may be used during the mandatory minimum sentence are work release, school release, and treatment release, provided these release programs are offered through the county in which the defendant is serving his or her sentence. C.R.S. § 42-4-1307(5)(b). Additionally, the defendant shall not be given credit for any of the time he or she is not actually in jail. For example, if the defendant spends eight hours at work, those eight hours do not count toward the minimum sentence that must be served;

d) No credit is allowed for earned time or good time pursuant to C.R.S. § 17-26-109, or for trusty reduction of sentence pursuant to § 17-26-115 during the mandatory minimum 10-day jail term;

e) Credit shall be given for time served on the offense prior to sentencing.

Fine
a) The court must impose a minimum fine of $600 but not more than $1,500;

b) The court shall have the discretion to suspend all or part of the fine.

Useful Public Service:
a) The court must impose a minimum of 48 hours of useful public service (UPS) and may impose up to 120 hours of UPS. The court does not have discretion to suspend UPS.

Probation:
a) The court must order at least two years of probation, with the following mandatory conditions:

i) One year of jail, suspended as a condition of probation;

ii) Completion of level II alcohol and drug driving safety education and/or treatment program

iii) Payment of any restitution due;

b) The court may impose the following conditions:

i) Continuous monitoring for alcohol or drug use;

ii)Use of approved ignition interlock device;

iii) Periodic appearances before the court;

iv) Additional conditions allowed by law.

Third and Subsequent Offenses:

If, at the time of sentencing, the defendant has two or more prior convictions prior conviction for DWAI, DUI, DUI per se, habitual user, vehicular homicide pursuant C.R.S. § 18-3-205(1)(b), vehicular assault pursuant to § 18-3-205(1)(b), aggravated driving with a revoked license pursuant to § 42-2-206(1)(b)(I)(A) or (1)(b)(I)(B), or driving while the person’s driver’s license was under restraint pursuant to § 42-2-138(1)(d), the minimum sentence the court can impose is outlined below. It is important to note that prior unsuccessful deferred judgments for any of these offenses count as convictions. However, prior successful deferred judgments do not. C.R.S. § 42-4-1307(2)(a).

1. Jail:

a) The court must impose a minimum of 60 days in the county jail, which must be served consecutively. The court may impose up to one year;

b) The court must also impose one additional year of jail, suspended as a condition of successfully completing probation;

c) The only sentencing alternatives that may be used during the mandatory minimum sentence are work release, school release, and treatment release, provided these release programs are offered through the county in which the defendant is serving his or her sentence. C.R.S. § 42-4-1307(5)(b). Additionally, the defendant shall not be given credit for any of the time he or she is not actually in jail. For example, if the defendant spends eight hours at work, those eight hours do not count toward the minimum sentence that must be served;

d) No credit is allowed for earned time or good time pursuant to C.R.S. § 17-26-109, or for trusty reduction of sentence pursuant to § 17-26-115 during the mandatory minimum 60-day jail term;

e) Credit shall be given for time served on the offense prior to sentencing.

2. Fine:

a) The court must impose a minimum fine of $600 but not more than $5,000;

b) The court shall have the discretion to suspend all or part of the fine.

3. Useful Public Service:

a) The court must impose a minimum of 48 hours of useful public service (UPS) and may impose up to 120 hours of UPS. The court does not have discretion to suspend UPS.

4. Probation:

a) The court must order at least two years of probation, with the following mandatory conditions:

i) One year of jail, suspended as a condition of probation;

ii) Completion of level II alcohol and drug driving safety education and/or treatment program

iii) Payment of any restitution due;

b) The court may impose the following conditions:

i) Continuous monitoring for alcohol or drug use;

ii)Use of approved ignition interlock device;

iii) Periodic appearances before the court;

iv) Additional conditions allowed by law.