Wednesday, August 12, 2015

What Happens if Charged with DUI in Colorado?


If you have been driving under the influence of alcohol, then under the law of Colorado you might be charged with a DUI or DWAI case. Here in this article, we discuss the various consequences of such charges.
According to Colorado law enforcement, drunk driving offenses can be classified in the following manner:



Penalties for DUI/DWAI offense in Colorado 


The DUI laws and penalties of Colorado for different offenses are described below:

Penalties for a first offense

 •    A first offense can lead to jail time of up to 180 days for DWAI or up to a year for DUI
•    Monetary penalties for a DUI charge can be up to $1000 for DUI and up to $500 for DWAI
•    For DUI, the individual’s driving license can be suspended for 9 months; there is no such punishment for   DWAI
•    No Interlock Ignition Device or IID is required for first offense DUI or DWAI.

Penalties for a second offense

•    A second time DUI or DWAI offense can lead to a jail time up to 1 year
•    Monetary penalties for a second time DUI or DWAI offense can be up to $1500
•    For a second time DUI or DWAI offense, the individual driving license can be suspended for 1 year
•    An IID or Interlock Ignition Device is required for a second DUI or DWAI offense

Penalties for a third offense

•    A third time DUI or DWAI offense can lead to a jail time up to 1 year
•    Monetary penalties for a second time DUI offense can be up to $1500; for a DWAI offense it can go up to $1000
•    For a third time DUI or DWAI offense, the individual driving license can be suspended for 2 years
•    An IID or Interlock Ignition Device is required for a third DUI or DWAI offense
 

DUI With a previous DWAI case


If a person with a previous record of DWAI case is charged with DUI, then the following charges and penalties are issued for it: 

•    Jail time – 70 Days to 1 Year
•    Monetary Fine – $900 to $1,500
•    Public Service – 56 to 112 Hours

DWAI With a previous DUI case


If a person with a previous record of DUI case is charged with DWAI, then the following charges and penalties are issued for it:

·         Jail time – 60 Days to 1 Year
·         Monetary Fine – $800 to $1,200
·         Public Service – 52 to 104 Hours
 

Lookback Period

No lookback period is present in Colorado. All prior DUI/DWAIs are relevant for penalty and sentencing purposes.

What are the minimum BAC levels for you to be charged with a DUI/DWAI case in Colorado? 

•    If you are under the age of 21 years, then the minimum BAC levels for which you can be charged with a DUI or DWAI allegation is 0.2%.
•    On the other hand, if you are 21 years or older, then the minimum BAC levels required for a DUI charge is .08% and the same for DWAI is .05%. 

What happens in Colorado if you do not consent for a chemical test?

Colorado has got an implied consent law, which means that in case you refuse to a chemical test, you’ll be automatically subjected to a monetary fine and license suspension.  

The duration for which your license will be revoked is stated below:

•    First offense: 1 year
•    Second offense: 2 years
•    Third offense: 3 years 

Can you plead for a lesser offense than a DWAI/DUI in Colorado? 

You might receive a conviction of alcohol-involved reckless driving or “wet reckless” if you go for a plea bargain that reduces your drunk driving charge into a reckless driving charge. While there is no such statutory provision on whether a plea bargain for “wet reckless” will be accepted or granted in your state, still a lawyer can manage plea bargain for you. To know more about this, you need to consult a speeding ticket lawyer in Colorado who can guide you in greater detail. 

New DUI Regulations in Colorado

Colorado has modified the time duration that an offender is needed to stay in the jail for a particular DUI conviction. For a second time offense, an offender needs to serve a 10 day minimum jail term. For the third and all subsequent offenses, the offender needs to serve a 60 day minimum jail sentence. The law additionally eliminates the need for the offender to wear an ankle bracelet provided the person chooses any of the two options: either apply for the work release program or serve the requisite time.