Colorado Springs Drunk Driving Defense Attorney
Colorado Drunk Driving Laws
Like in other U.S. states, Colorado has laws that prohibit motorists from driving under the influence of alcohol or drugs (DUI) or driving while one's ability is impaired by alcohol or drugs (DWAI). Both charges usually rely on measurements of the driver's blood alcohol concentration (BAC). In Colorado, the law presumes that a driver is DWAI if their BAC is between 0.05 and 0.08, and that the driver is DUI if their BAC is 0.08 and above. If the driver's BAC is above 0.17, they may be classified as a "persistent drunk driver" under Colorado law.
Colorado drivers face both criminal and administrative penalties if they are convicted of DUI or DWAI. Criminal penalties include mandatory jail time, fines, and public service, as follows:
- First DWAI Conviction: Two - 180 days in jail, $200 - $500 in fines, and 24 - 48 hours of community service.
- First DUI Conviction: Five - 365 days in jail, $600 - $1000 in fines, and 48 - 96 hours of community service.
- DWAI or DUI following a previous DWAI or DUI: Ten - 365 days in jail, $600 - $1500 in fines, and 48 - 120 hours of community service.
- DWAI or DUI following two or more previous DWAI or DUI: Sixty - 365 days in jail, $600 - $1500 in fines, 48 - 120 hours of community service.
Criminal penalties can only be imposed by a court after a plea of guilty or no contest, or after a criminal trial in which the driver is found guilty. However, administrative penalties can be imposed by the Colorado Bureau of Motor Vehicles after an arrest or charge of DWAI or DUI. Administrative penalties include suspension of a driver's license for a period lasting from nine months to two years, plus four to 12 points placed on the driver's license, depending on the type of arrest, the driver's BAC, and the driver's prior history of DWAI or DUI arrests or convictions.
Drivers convicted of DWAI or DUI in Colorado may also have to pay court costs, additional fines to support persistent drunk driver intervention programs, fees to reinstate their driver's licenses after a suspension, costs of installing an ignition interlock device on their vehicles, and other fees, costs, or penalties. Needless to say, the costs of a DWAI or DUI conviction can add up quickly.
Colorado also has a "presumed consent" law, which means that anyone who accepts a Colorado driver's license is presumed to have consented to a BAC test. BAC tests may be performed on breath, blood, or urine samples. A Colorado driver who refuses to take a BAC test when required to do so by a police officer may face administrative penalties like the suspension of their driver's license. The fact that the driver refused to take a BAC test may also be used against them in court.
Drunk driving charges of any kind are serious, and the penalties are severe. A driver may face administrative license suspension merely for being charged with a DWAI or DUI, and may face jail time, fines, and other penalties if convicted. If you have been arrested for drunk driving, please don't hesitate to contact the experienced Colorado Springs drunk driving defense attorneys at The Bussey Law Firm, P.C. Attorney Timothy Bussey is a former El Paso and Teller County District Attorney who uses his courtroom experience to build an aggressive defense and fights for the best possible outcome in each case he handles. To see if our experience and resources are right for you, call today for a free and confidential consultation.
