What Is A DUI?

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What is a DUI? · Worried About a DUI Arrest? — Colorado DUI FAQ's • • • • • • • • • • •

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A DUI can have lasting consequences that negatively affect your life and future plans.

What is a DUI and what does that mean for my future? These are likely the questions running through your mind if you have been charged with DUI in Colorado. It’s important to remember however that there is still hope. The laws are strict, but they are not impossible to navigate. Don’t give up on yourself or your future. It is important to have a full understanding of your situation and your charges in order to determine the best course of action.

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What Is a DUI in Colorado?

Under Colorado law, it is explicitly forbidden for anyone to drive a vehicle while they are under the influence of alcohol or drugs in a way that impairs their ability to safely operate the vehicle. The common abbreviations you will see are DUI (which stands for driving under the influence), DWAI (which stands for driving while ability impaired), and DUID (which stands for driving under the influence of drugs). 

Intoxication is most often proved via blood and breath tests. These determine the blood alcohol content (BAC) of the driver. Colorado has a strict BAC limit of .08, and operating a vehicle while over this limit is grounds for a DUI charge. DWAI charges can happen when BAC is above .05 but below .08. DUID can happen if you have drugs in your system including legal and/or prescription drugs! 

Colorado also has a DUI per se law. This means that even if you were driving perfectly, and in no way showing signs of intoxication or impairment so long as your BAC is above .08 then you could be charged with DUI per se. The penalties are generally the same for DUI per se charges, but will depend on the other factors involved, such as previous convictions and whether someone was seriously injured or killed in the incident.

What is a DUI and what are the penalties in Colorado?

First DUI

In Colorado, a first-time DUI is generally a misdemeanor charge. The possible penalties include:

• Fines of $600 – $1,000

• License suspension of 9-months

• 12 points on your license

• Community service from 48-96 hours

• Possible jail time from 5 days to a year

• Probation – either supervised or unsupervised – from 12-24 months

Second DUI

In Colorado, a second offense DUI is also generally a misdemeanor charge. The possible penalties include:

• Fines of $600 – $1,500 License suspension for 1-year

• Ignition interlock requirement of 2-years

• 12 points on your license

• Community service of 48-120 hours

• Mandatory jail time from 10 days to a year

• Probation – usually supervised – from 12-24 months

Third DUI

In Colorado, a third offense DUI is also generally a misdemeanor charge. The possible penalties include:

• Fines of $600 – $1,500

• License suspension for 2-years

• Ignition interlock requirement of 2-years

• 12 points on your license

• Community service for 48-120 hours

• Mandatory jail time from 60 days to a year

• Probation – usually supervised – from 12-24 months

Fourth and Subsequent DUI

In Colorado, a fourth (or subsequent) DUI is generally a felony charge. The possible penalties for a fourth or subsequent offenses include:

• Fines anywhere from $2,000 – $500,000

• A possible prison sentence of 2-6 years with a 3-year parole

• Probation can be possible instead of prison, but it usually lasts 2- 5 years with anywhere from 90 days to 2 years in jail done first

DWAI

In Colorado, a first-time DWAI (driving while ability impaired) is generally a misdemeanor charge. The possible penalties for a first-time DWAI include:

• Fines of $200 – $500

• 8 points on your license

• Community service of 24-48 hours

• Possible jail time from 2 – 180 days

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Frequently Asked Questions

Does a DUI ruin your life?

No, a DUI does not have to ruin your life. It does, of course, come with penalties, but with an experienced attorney on your side, these penalties can be limited. You will be able to focus on your work, your family, and your life, while your attorney can help you navigate the intricacies of your charges.

How bad is a first offense DUI?

Colorado is very strict on DUI charges, including for first offenses. Depending on the facts of your case, a first-time DUI could come with any of the following penalties:

• $600 – $1,000 in fines

• 9-month license suspension

• 12 points on your license

• 48-96 hours of community service

• Jail time from 5 days to a year

• Probation up to 2 years

What is the DUI law in Colorado?

In Colorado, a DUI charge is for someone found driving a vehicle while under the influence, generally meaning they had a blood alcohol content (BAC) of .08 or higher, or under the influence of drugs. According to Colorado law, DUI charges are usually misdemeanors. Some charges, however, are felonies. The most common felonies in Colorado are due to it being the driver’s fourth or more DUI, or if there were significant bodily injuries or death involved.

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