Frequently Ask Questions for a DUI in Colorado
Navigating a Driving Under the Influence (DUI) charge in Colorado can be daunting. Below are the answers to some of the most common questions individuals have when facing charges related to drinking and driving. Black, Blink, & Associates LLC have a combined experience of 60 + years in criminal defense and can guide a person through the process. If charged with a DUI, call 719-694-0578 to set up your free initial consultation.
Understanding DUI Charges
What is a DUI in Colorado?
Driving under the influence (DUI) in Colorado refers to operating a vehicle with a Blood Alcohol Content (BAC) of 0.08% or higher, or the Blood THC Content is 5 nanograms or higher, or when your driving is substantially impaired by alcohol, drugs, or a combination. For a minor driver, under the age of 21, it is illegal to operate a motor vehicle with a Blood Alcohol Content (BAC) of 0.02% or higher.
What is a DWAI in Colorado?
Driving While Ability Impaired (DWAI) is a lesser offense where your ability to drive safely is affected to the slightest degree by alcohol and/or drugs. The Blood Alcohol Content (BAC) range for DWAI is between 0.05% and below 0.08% for an adult over the age of 21.
What is the legal BAC limit for DUI in Colorado?
The legal Blood Alcohol Content (BAC) limit for DUI is 0.08% or higher. For commercial drivers, it’s 0.04%, and for underage drivers, it’s 0.02% (Underage DUI, UDD or “baby DUI”).
Is a DUI always a felony in Colorado?
No, a first, second, or third DUI offense is typically a misdemeanor. However, a fourth or subsequent DUI conviction is considered a felony. Causing serious injury or death to another person while intoxicated is a felony. Penalties are increased for each subsequent DUI.
What’s the difference between DUI per se and DUI in Colorado?
DUI per se charges apply solely based on a BAC of 0.08% or higher, or THC blood content of 5 nanograms or higher, regardless of observed impairment. DUI charges are based on impairment to the point of being substantially incapable of safe driving.
Penalties and Consequences
What are the penalties for a first-time DUI conviction in Colorado?
Penalties for a first DUI include fines of $600 to $1,000, 5 days to 1 year in jail (with a possible suspended sentence), 48 to 96 hours of community service, and a 9-month license revocation. Black, Blink & Associates has experienced attorneys that work on removing or reducing the penalties.
What are the penalties for a DWAI conviction in Colorado?
DWAI penalties are less severe than DUI, including fines of $200 to $500, 2 to 180 days in jail, and 24 to 48 hours of community service. A first-time DWAI does not automatically result in license suspension. Black, Blink & Associates has experienced attorneys that work on removing or reducing the penalties.
Will a driver lose their driver’s license?
A DUI conviction is a 12 point ticket, and in Colorado, 12 or more points against a license in a 12 month period (or 18 points in an 18 month period) usually results in driver’s license suspension. The duration depends on the offense, but early reinstatement with an Ignition Interlock Device (IID) may be possible. Black, Blink, & Associates negotiates with prosecutors to avoid this license suspension.
What is the ignition interlock device (IID) requirement in Colorado?
Colorado DUI offenders may be required to install an IID in their vehicle. This device prevents the car from starting if it detects alcohol and requires periodic breath samples while driving. The duration of the requirement depends on the offense and BAC level.
How long does a DUI stay on a record in Colorado?
A DUI conviction for an adult remains permanently on their criminal and driving record in Colorado. Sealing statutes are often updated, so hopefully in the future a person may be able to seal their record for a DUI.
Can a DUI be expunged from a record in Colorado?
Adult DUI convictions generally cannot be expunged or sealed in Colorado. However, you might be able to seal the arrest record if no conviction occurred or if you were a juvenile convicted of UDD and meet specific conditions.
How will a DUI affect car insurance rates?
A DUI conviction will significantly increase car insurance premiums. You may also be required to obtain SR-22 insurance, which proves to the state of Colorado that you meet the state’s minimum coverage requirements.
Refusing Tests and Legal Processes
Can a driver refuse a breathalyzer or blood test in Colorado?
A driver can refuse a preliminary roadside breath test before arrest, but once arrested for DUI, Colorado’s “express consent” law requires submission to a chemical test (blood, breath, or urine depending on the circumstances). Refusal of the chemical test required under the express consent law results in a revocation of the driver’s license.
What happens if a driver refuses a breathalyzer or blood test after a DUI arrest?
Refusing a chemical test after arrest results in an automatic license revocation (1 year for a first refusal) and classification as a “Persistent Drunk Driver,” even if it’s the first offense. This means mandatory alcohol education and an IID requirement.
What is a DMV hearing after a DUI arrest?
A DMV hearing is an administrative process separate from the criminal court case that determines whether a driver’s license should be suspended. There is limited time to request this hearing to contest the revocation. The DMV hearing requires a lower threshold of evidence. In a criminal case, the judge or jury must find the person guilty beyond a reasonable doubt where a DMV hearing officer must find the person is guilty by a preponderance of the evidence, a much lower standard.
What is the El Paso County court process for a DUI in Colorado?
The court process involves an initial appearance, pre-trial conferences, plea negotiations, and potentially a trial. It is overseen by the Colorado Judicial Branch and involves the District Attorney prosecuting the case. During these proceedings an experienced criminal defense attorney will continue working on the case, debating the facts with the prosecutor, and trying to get their client in the best possible situation. The attorneys at Black, Blink, & Associates represent their clients throughout the entire process.
Plea Bargains and Defenses
What is a DUI plea bargain in Colorado?
A plea bargain is an agreement between the defendant and the prosecutor where the defendant pleads guilty or no contest to a DUI or lesser charge in exchange for reduced penalties or other concessions. Most DUI cases are resolved through plea bargaining. An experienced DUI attorney, like the attorneys at Black, Blink & Associates, will know what terms can be negotiated on, and which ones are best to focus on.
What is a “wet reckless” plea bargain in Colorado?
A “wet reckless” is a common term for a plea bargain where a DUI or DWAI charge is reduced to reckless driving with alcohol involvement. The defendant will complete many of the requirements of a person convicted of DUI, like alcohol education, treatment, and useful public service, yet avoiding a DUI conviction on their record and the associated driver’s license consequences. It carries less severe collateral consequences than a DUI or DWAI conviction.
What are some potential defenses for a DUI charge in Colorado?
Common defenses include challenging the legality of the traffic stop or arrest, disputing the accuracy of breath or blood tests, arguing that impairment was not present, that the police officers did not conduct the roadside tests correctly, or that the defendant was not operating the motor vehicle.
Other Important Considerations
How does a DUI affect a commercial driver’s license (CDL) in Colorado?
CDL holders face stricter DUI penalties, including immediate disqualification of their CDL for at least one year, even if arrested in a personal vehicle. A second offense can lead to a lifetime ban. CDL driver’s are presumed to be intoxicated at a lower BAC level than a non-commercial driver.
Can a driver get a CDL after a DUI conviction in Colorado?
It is possible to obtain a CDL after a DUI in Colorado, but the driver must first have their regular driver’s license reinstated and may face a waiting period and increased difficulty finding employment.
How does a DUI affect a professional license (e.g., medical, legal)?
Many licensed professionals in Colorado are required to report a DUI conviction to their licensing body, which may result in suspension or revocation of their professional license.
What are the costs associated with a DUI in Colorado?
Costs can be substantial, including fines, court costs, attorney fees (ranging from $5,500 to $15,000+), alcohol education programs, IID costs, and significantly increased car insurance premiums. An inexperienced attorney may charge less, not realizing the time involved in providing zealous representation for their clients. For an experienced attorney, contact Black, Blink, & Associates.
Does a driver need a DUI attorney for a first offense in Colorado?
An attorney is not required as a person has a right to represent themselves. However, an experienced attorney will have a greater chance of getting the case dismissed, the case not ending up in a permanent conviction, and reducing the overall consequences.
It is highly advisable to seek legal counsel, even for a first offense. An experienced DUI attorney can navigate the complexities of the legal system, protect rights, and potentially help minimize the consequences of a DUI conviction. Black, Blink, & Associates are experienced DUI attorneys with over 60 years of criminal defense experience and provide free initial consultations, 719-328-1616 or schedule online consult at Black, Blink, and Associates.
Where can a driver find legal assistance for a DUI in Colorado?
Many law firms specialize in DUI defense in Colorado and offer free initial consultations. You can search online for “DUI lawyer near me” or contact your state bar association for referrals. For example, Black, Blink, & Associates LLC handle DUI cases throughout Colorado and offer free consultations. Call 719-694-0578.
Important Note: This information is for general guidance and not legal advice. Consulting with an experienced criminal defense attorney like Black, Blink, & Associates to discuss your specific case and develop an effective defense strategy is essential if facing a sex offense charge in Colorado.