Colorado DUI Attorney
Colorado DUI Law
Like many states, being arrested for DUI in Colorado sets two cases in motion. One is a criminal case where charges are filed and the other is an administrative case where a defendant faces administrative penalties such as license suspension or revocation. Because of the complexities of handling two cases stemming from one offense and the intricacies of Colorados DUI laws, it is essential that you have a Colorado DUI lawyer to represent you in both your criminal case and at any DMV proceedings that take place in regard to your drivers license. Having a qualified Colorado DUI attorney on your team can help you to defend yourself more successfully than if you were to try to represent yourself or rely on the assistance of a friend or family member who really has no legal training and cant understand all of the details of the DUI laws.
Colorado DUI Laws
The two types of drunk driving offenses in California are DUI and DWAI. DUI is driving under the influence of alcohol or drugs, or a combination of alcohol and drugs. DWAI means driving while ability impaired and is slightly different from a DUI. DWAI is a lesser offense that occurs when a persons blood alcohol concentration level is 0.05% or more. There are two ways in which a DUI case can be prosecuted in California. One focuses on the driver being impaired, which can cause odd driving habits, failure of field sobriety tests, an intoxicated appearance, or the small of alcohol on a drivers clothing or breath. The other way a case can be prosecuted is by basing the case on the results of chemical testing. If someones blood alcohol level exceeds 0.08%, the prosecution does not need to show that they were impaired. They simply need to show that the blood alcohol level exceeded the legal limit. Contacting a Colorado DUI lawyer at this stage is critical; having legal representation right from the beginning of your case can help you to build a case without having to search for missing information or try to get records from others involved in the case.
Colorado DUI Penalties
The penalties for a DUI in Colorado are somewhat harsher than the penalties for DUI in some other states. Many states have provisions where the courts can substitute community service or substance abuse treatment programs for jail time. Colorado law makes it mandatory for DUI offenders to serve at least the minimum jail term within the range of jail time used for specific numbers of convictions for any second or subsequent offense. DWAI first offenders can face two to 180 days of jail time, $100 to $500 in fines, and 24 to 48 hours of community service. There is no mandatory jail time for a first DWAI offense. A first DUI offense can result in 5 days to one year of jail time, $300 to $1,000 in fines, and 48 to 96 hours of community service. A second DWAI offense can result in jail time of 45 days to one year, $300 to $1,000 in fines, and 48 to 96 hours of community service. A second DWAI offense carries a mandatory jail time period of 5 days. A DWAI with a prior DUI conviction can result in 60 days to one year of jail time, $400 to $1,200 in fines, and 52 to 104 hours of community service. The mandatory jail term for a DWAI with a prior DUI conviction is 6 days. A DUI conviction with a prior DWAI conviction can result in 70 days to one year in jail, $450 to $1,500 in fines, and 56 to 112 hours of community service. The mandatory jail term for this type of offense is 7 days. DUI convictions with a prior DUI conviction result in 90 days to one year of jail time, $500 to $1,500 in fines, and 60 to 120 hours of community service. The mandatory jail term for this level of offense is 10 days. Jail time and fines can be very serious penalties, so having a Colorado DUI attorney on your side is important. Having an attorney in your corner can help you to get a fair trial and get the best shot of winning your case.
DUI Administrative Penalties
Someone facing DUI criminal charges in Colorado will also face administrative penalties imposed by the Department of Motor Vehicles. When you are arrested, the officer will give you a notice that license suspension will take effect in 7 calendar days after your arrest. This gives you 7 days to request a hearing from the Department of Motor Vehicles. This is VERY important and not something to forget about or do incorrectly. If you do not ask for a hearing, your license WILL be suspended, so you must request a hearing within the 7-day time period. Once you have requested a hearing, you will be permitted to drive until the hearing date, which usually occurs between 30 and 45 days from the time the hearing request was made. Even people who live in other states must have a hearing in Colorado if they committed a DUI offense within the state. Many people wonder if they can get restricted licenses that allow them to drive to and from work each day. People who are convicted of a DUI in Colorado will probably be disappointed. Some offenders may be able to get a restricted work license after serving a portion of their suspension or revocation. Others do not qualify for a restricted work license due to previous DUI convictions or a bad traffic record. Even first time offenders may be forced to wait out a one year suspension without having any license at all. If you are caught driving while your license is suspended or revoked, you will face additional suspension periods of one year or more. Losing your driving privileges can affect your livelihood and the way you can care for your family. Do your best to defend yourself and protect your license by hiring a Colorado DUI lawyer to represent you in your DUI or DWAI case.
Visit our Colorado DUI Attorney website and fill out a free case evaluation today.
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