Caught Under DUI-What You Need to Know

Colorado is the 17th strictest state for DUI charges in the United States. Although not in top ten but it does not stop Colorado from being a state where nobody would like to face any DUI charges. It could lead you to some harsh monetary penalties and a probable prison time.

There are two levels of DUI charges related to alcohol and both are based on the level of alcohol in the blood-

1. Driving under the influence of alcohol or Drugs (DUI).

2. Driving while the ability is impaired (DWAI).

What is BAC ( Blood Alcohol Concentration)-

BAC distinguish the concentration of alcohol in the blood which is pulsing inside the body after consuming alcohol.

For DUI charges, the legal limit of BAC for the drivers 21 years or older in 0.08%, while the limit for younger drivers is 0.02%.

For DWAI charges, the legal limit for BAC is 0.05%.

Penalties-

The Division of Motor Vehicles in Colorado has the authority to dismiss any person's driving license under DUI and DWAI charges regardless of any probable criminal charges against you from the court. Such penalties are known as Administrative penalties which can automatically suspend your driving privileges and as well as penalty fees and points deduction too.If caught under DUI or DWAI then you will need the best DUI lawyer in downtown Denver to represent yourself and saving you from harsher administrative penalties.

DUI 1st offense-

There are following penalties for first-time DUI offenders- 

1. $600 to $1000 fine.

2. maximum 1 year prison time.

3. 96 hours community service.  

4. License revocation for 9 months.

5. Alcohol education classes.

DWAI 1st offense-

There are various penalties for first-time DWAI offenders-

1. $200 to $500 fine.

2. maximum 180 days imprisonment.

3. 48 hours of community service.

4. 8 points deduction from driving license.

DUI/DWAI 1st charges for under 21 years old drivers-

1. Suspended driving license for three months and four points to your driving record.

The penalties will increase substantially for repeated offenses. If you want to challenge the administrative penalties then you will have to ask for the alcohol hearing.

Alcohol hearing-

A person who has refused to pay the administrative penalties can request for the alcohol hearing within 7 days after getting a revocation or suspension notice. You need to go to the DMV personally to put the request. You also need to surrender your license if you did not at the time of suspension. You may be allowed to have a temporary driving permit depending upon the severity of your case.

Arrest-

1. If you fail the on the spot sobriety test which involves different things like walking on a straight line, standing on one leg while answering a number of questions, and touching your nose. You will be told your rights and will be handcuffed immediately and taken to a county jail. Later a tow truck will fetch your car.

Zero tolerance against drunk and driving-

Colorado state has zero tolerance policy against drunk and driving and it will lead you to cancellation/revocation of your license and monetary penalties.

Caught under DUI-what you need to know.

If a person 21 or younger is found with a BAC between 0.02% and 0.05%, then he will face automatic revocation of his/her license.

If a person 21 or younger is get caught with alcohol in his vehicle then his license will be revoked.

As per express consent law, if you are driving a motor vehicle in Colorado then you have automatically given permission to be administered for an alcohol test by breath, blood, or urine to measure the blood alcohol content. If a traffic officer wants to check you because he suspects you to drink and drive and you refuse, then you will be required for the Installation of the Ignition Interlock for 2 years. Since January 1, 2014, if you refuse for a chemical test then will be considered a Persistent Drunk Driver.

Ignition Interlock device-

An ignition Interlock device is the breath analyzer for individuals. It requires the driver to blow into the mouthpiece of the device before starting the ignition. If the alcohol content in the blood is higher than the prescribed limit then the engine will not start. It is located inside the vehicle and is directly connected to the vehicle's ignition system.

So if you have installed the ignition interlock device then you may be allowed of an early reinstatement of your driver license suspension. This could only be done after you have served some amount of your suspension. The length of suspension depends on the type of violations you face. You must also-

1. More than 21 years or older at the time of your violation.

2. satisfies all the requirements for the reinstatement.

3. completed at least 1 month of the DUI conviction or driver's license suspension.

The annual cost for an Ignition Interlock device is approximate $1,100 and it must be purchased and installed by any Colorado state approved vendor in order to be valid.

License reinstatement-

Once a person's suspension time is completed, you will get a letter from DMV regarding reinstatement of your license. It will include the step required to purchase a new unrestricted license. Before you get the license you need to complete some conditions like filling the complete fees and program classes required. 

After that, you need to fill the  application for reinstatement form (Form DR 2870) and a certification ( Form DR 2598). You also need to pay the 95$ fee for reinstatement and a proof of insurance for three years (SR 22).     

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What You Must Do After A DUI Car Accident?

DUI accidents are quite common and can be some of the most serious situations that anyone can face in his or her lifetime. You might have had a few drinks before deciding to drive your car, and this had eventually led to the accident. If someone has been hit by your car and you are still sitting behind the wheels, then there are certain things that you must do to avoid further danger.

Here is a list of things that you must do if you are involved in a DUI accident.  

•    In case you have accidentally hit a person with your car, never just leave the crime scene as it can lead to a felony charge of hit and run.

•    Try to see if anyone is serious injured and immediately arrange for emergency medical help, should that be necessary. In case anyone is hurt, you should also report about such injuries to the best of your ability.

•    You must call the police to report the accident. Certain states require that every accident that involves major physical injuries or property damages must be reported immediately to the police. It is always a great idea to call the police and let them know of the accident.

•    Do not make any written or oral statements to police officers or other people. Never say “I’m sorry” as this can mean in many court of laws as admission of guilt. If you are suspected of DUI, then it is necessary that you immediately get in touch with a Colorado DUI lawyer before you make any statement to the police regarding your involvement with the accident.

•    If you are asked to take the different field sobriety tests, then you have the right to refuse them. You are not entitled to take such tests if you do not want and no legal punishment can be issued against you. However, you will then be ticketed for being noncompliant and you will be further subjected to different kinds of criminal and administrative penalties for not taking a breath or chemical test.

•    Do not make any oral or written statements to victims or witnesses under any circumstances. Avoid making statements like “I’m sorry to them as they can take it as a sign of confession for your wrongdoing.

•    Try to get the names, phone numbers and addresses of all potential witnesses. If you think you are not at fault in relation to this accident, you will need the support of these witnesses to prove your innocence in the court of law. The witnesses can provide with their own accounts of testimonials that are not present in the accounts of the police reports.

•    Do not forget to take pictures of the accident scene in general and the vehicles that have been involved with the accident. You can use your mobile camera or any other kind of camera to do this.

•    Write down all the details of the accident from your own individual perspective. Make sure that you accurately note all the date and time of the accident as well as the time when you are actually writing the account. You can also mail the copies of such statements to any legal practitioner who is involved with the accident in a major way. Do not forget to write “Confidential - Attorney-Client Privileged,” on top of the statement. Also, do not show this document to anyone else except your attorney, in case you decide you have one for this case.

•    If you have accidentally hit or damaged any property, try to find out about the owners of such property. The property can be anything such as an unattended bike or vehicle, a shop or some other kind of property.

You are also advised to learn all that you can about the legal parameters associated with DUI accidents and hit and run cases in the state of Colorado. This will help you to understand what can be in store for you once you are involved in such a case. A criminal defense attorney who has sufficient experience in handling DUI cases under the state of Colorado and offer you substantial guidance in the court of law regarding cases such as these. It would be impossible for a layman like you to know everything about DUI rules and regulations in the state of Colorado. That is why it is always advisable that you get in touch with a good lawyer who can represent you in the court of law. You can look through the various online resources to find a lawyer who can offer you reliable services. The online resources can also let you know about how Colorado law works for DUI accident cases. A lawyer who is skilled at handling cases like these can also offer you sound advice in every step of the way to steer clear of unwanted legal troubles.  

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Traffic Ticket Facts and FAQs Colorado

The State of Colorado has strict rules when it comes to traffic ticket regulations. An individual may be given a traffic ticket in case he or she breaks the mandatory laws associated with traffic rules as set in Colorado. 

A person may be given a traffic ticket for a number of reasons. These can include driving the vehicle under the influence of alcohol or drugs. Alternatively, you might be simply an unskilled driver who needs to take more driving classes. If you have been charged with a DUI case, a Denver or Arapahoe County DUI attorney can help you with your legal and court proceedings. For a more detailed knowledge about traffic ticket case in Colorado, check out the following Facts and FAQs section. 

How does getting traffic ticket influence the points on my Colorado driving record?   

In case you are found guilty or you plead guilty, the points are going to be added to your individual driving record. The total number of points added to your record will depend on the severity or intensity of the infraction. 

 

Can I request for jury trial in a traffic court?

If you have been charged with any infraction, you cannot put a request for a jury trial. On the other hand, if you have been charged with traffic offenses, then you have the option of submitting a request for a jury trial. 

Can someone else represent me or appear for me in the court?

An attorney licensed to practice law in Colorado State can only appear for you in the court. However, some courts may make it mandatory for you to appear on the court, depending on their own clauses. You can inquire with a presiding court to know more about this. 

If I am a minor (i.e. 17 years of age or below) and receive a traffic ticket for appearing in court, do I need to be accompanied by a legal guardian or parent?

Yes, as Colorado law makes it mandatory that any minor should be accompanied to the court by a parent or a legal guardian.

Are the traffic fines same in all parts of Colorado?

The fines can vary greatly depending on the town, county or court and the judge has the final word on this. 

How many points does it take the state to suspend my driver's license?

The following lists the points required for a driver's license suspension:

Minor drivers under 18 years of age:

•  6 points in 12 months
•    7 or more points for the validity period of a Colorado driver's license

Minor drivers between the ages of 18-21 years:

 

•  9 points in 12 months
• 12 points in 24 months
• 14 points within the validity period of a license

Adult drivers aged 21 years or older

•   12 points in 12 months
•  18 points in 24 months

If you want to appear in the court of law and challenge your ticket, you need to hire the assistance of a traffic lawyer in DownTown Denver Colorado. Traffic Ticket Attorneys are well aware of the various traffic laws in the State of Colorado and can offer you the right guidance for getting your charges reduced or revoked. 

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