DUI Reference Guide

Colorado DUI Laws

Colorado drink driving charges generally fall into one of two categories.  A person can be arrested for driving while ability impaired (DWAI) or they can be arrested for driving under the influence (DUI), which is considered to be the more serious offense of the two. 

Driver’s can be arrested if they are not able to operate their vehicle in the same manner that they would if they were not under the influence of alcohol (or in some cases drugs/drugs and alcohol).  Those who have a blood alcohol content of 0.08% or more, can be arrested according to the per se laws that make it illegal to drive with a blood alcohol content of that amount.  In theory a person could be driving perfectly well and still be arrested for DUI since they have exceeded the legal limit. 

For people who have a lower blood alcohol content they can be arrested for DWAI.  This is for those who are found to be in some way affected by the influence of a controlled substance.  Their blood alcohol content can be as low as 0.05% and the driver can still face charges. 

Those who are arrested for DUI or DWAI can have their license revoked for a period of time.  They will also face criminal charges that can result in a variety of consequences.  These consequences can sometime include jail time, probation, community service, fines, treatment for alcohol problems and education programs about alcohol to teach a person to be safer and responsible when it comes to drinking alcohol. 

A person who is arrested for one of these drink driving charges can have their license suspended unless they request a hearing.  The hearing would be conducted by the department of motor vehicles.  If an individual loses their case at the hearing, their license can then be suspended.  A hearing will be set forth in sixty days or less after the request is received.  This request must be entered in no more than seven days after a person’s arrest.

Those who have DUI convictions on their record in the past can face more severe actions as a result of their court case.  First time offenders might not need to spend time in prison.  They often must serve 48 hours or so of community service.  In addition, fines and related expenses for first time offenders often reach $500.  Offenders will be evaluated to find out if they have a drinking or sometimes drug problem.  At times, they can be mandated to receive some type of treatment for any existing problems. 

Depending upon the number off DUI offenses on an individual’s record they can serve as much as 96 hours providing community service.  Those with an alcohol problem could be required to receive treatment for up to 86 total hours.  Jail sentences for a DUI can be as high as one year.  Although probation and other options are available in place of jail time, a person will need to spend at least ten days in a jail if they had a blood alcohol content that exceeded 0.20%. 

Arrests for DUI can result in a variety of consequences and vary greatly depending upon the number of offense for DUI on a person’s record.  The sentencing of a judge will also have an impact on the penalties a person faces.  Methods in lieu of prison time will often be used rather than time in jail.

Those who have been arrested for DUI should locate a lawyer in their area who specializes in DUI.  Locate a lawyer by reviewing the yellow pages that include attorneys or by using lawyer locators that are online.  Finding a lawyer who concentrates on the area of DUI and related offenses is ideal.  They will be best able to present a defense and to work towards sentencing that does not include jail time in many instances. 

In the cases where field sobriety tests have been used or where blood alcohol content results are being used in order to try to convict a person of DUI, the lawyer can work to create any doubts that might exist as to the validity of the testing. There are times when lawyers are able to present a case showing that some tests are not entirely reliable in convicting someone for DUI.