Colorado Drunk Driving Laws
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Like most states, Colorado drivers who are caught driving with a blood alcohol content (BAC) of 0.08% or more can be arrested and charged with DUI. However, in addition to this limit, drivers who have a BAC between 0.05% and 0.07% can also be charged with “driving while impaired, or DWI—a legal stipulation that essentially imposes a much lower BAC limit on all state drivers. Underage drivers have even less leeway when it comes to the amount of alcohol they are permitted to have in their bloodstream, with state law imposing a 0.02% BAC on motorists under 21.
Colorado also has a strict “Express Consent Law” that requires licensed drivers to submit to any type of chemical testing if an officer suspects them of driving under the influence. Designed to calculate BAC, chemical tests measure the amount of alcohol present in a person’s breath, urine, or blood sample. While officers rely on the results of these tests to determine whether a driver’s arrest is warranted, the state’s Express Consent Law authorizes officers to arrest any person who refuses to perform the test as well.
The exact penalties for a Colorado drunk driving conviction depend primarily upon the driver’s prior record, as well as the nature of his or her offense. While a DUI charge is more severe than a DWI, both are serious criminal offenses and the punishments associated with them should not be taken lightly—and even an Express Consent violation can lead to an automatic one-year license suspension.
A first-time DUI offender can expect to lose his or her driving privileges for the next nine months, as well as ordered to pay $600 or more in fines and perform 48 to 96 hours of community service. On the other hand, the maximum sentence a person convicted of DWI will face is $500 in fines and 48 hours of community service, with no risk of losing his or her license. However, regardless of whether the offense is classified as a DUI or a DWI, even a first offense can include a jail sentence of 48 hours or more—although many judges will waive this punishment if the driver agrees to undergo alcohol treatment.
It is important to know that the penalties listed above apply only to individuals who have no prior DUI or DWI convictions on their criminal records. Repeat offenders (anyone who has been found guilty of one or more drunk driving charges in the past) face enhanced penalties, such as heftier fines and longer license suspensions. A jail sentence is also far more likely for these individuals.
If you were recently charged with drunk driving in Colorado, you need to have a strong defense strategy if you want to avoid being convicted of the charges against you in criminal court. To determine the best course of action for your case, submit your information online today—and get in touch with an experienced DUI defense attorney in your area for your free, no-obligation case evaluation.
