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DUI Laws Penalties – Colorado – Alcohol and Marijuana

Denver, CO Criminal Trial Top Defense Attorneys– Graf Law Offices

Colorado DUI Laws

are the Best Colorado DUI Lawyers for current 2015 driving while using alcohol or marijuana laws.  So if you live and drive in the State of Colorado it’s important that you need to know the basics about Colorado DUI/DWAI laws, and your responsibilities while driving.

In accordance with the national trend, the punishment for driving under the influence in Colorado is much more severe than it used to be. There are a variety of ways that you can be punished for drunk driving.  This includes imprisonment, fines, alcohol classes, or community service and/or jail time. From the Colorado Division of Motor Vehicles, you can expect your driver’s license to be suspended.

Colorado DUI Laws and Penalties:  Colorado Blood Alcohol Concentration (BAC) Laws

In the state of Colorado there are several factors that will be taken in to consideration by the police when determining what DUI charges to file against you. The following are some of the types of charges that can be brought against a person driving under the influence of alcohol in the state of Colorado.

Colorado DUI Laws and Penalties: Driving Under the Influence in Colorado

Technically you can be charged with DUI /DWAI at any blood or breath alcohol level if it can be proven that you were incapable of driving your automobile due to the use of alcohol or drugs. If your blood or breath is proven to be at a BAC of .08 or higher, you can be charged with DUI and DUI per se. This charge can be based purely on body chemistry even if you perform the field (roadside) sobriety tests perfectly. If your blood or breath is at a BAC of .20 or higher you may face a mandatory jail sentence, even on a first offense.

Colorado DUI Laws and Penalties:  Driving While Ability Impaired in Colorado

The authorities need only prove that you were “impaired to the slightest degree” to convict you of DWAI.  If your blood or breath is at a BAC of .05 to .079, it is presumed that you were driving impaired. Blood re-tests or errors in the administration of a breath test are a defense. The science behind some of these laws are also questionable.

Colorado DUI Laws and Penalties:  Colorado Division of Motor Vehicles Driver’s License Suspensions

Dealing with a DUI includes dealing with two separate and distinct branches of government. The Colorado Department of Revenue,  Division of Motor Vehicles (DMV) cis responsible for your driving privileges. The court system is responsible for punishment and rehabilitation including alcohol treatment, jail, and community service. These two branches of government process your case differently but at the same time. You must deal with them both. Hiring an attorney can help you through this complicated dual process.

A police officer will serve you with a “Notice of Revocation” if you refuse testing.  You will also receive a notification of revocation if  you take a test and the result is .08 bac or higher.  aIf so, you have 7 days, starting the day after the day of the service, to request a DMV hearing or your license will in fact be suspended. Pay attention if you are served around midnight. If you request a hearing within 7 days of the day you were served with the Notice of Revocation, your right to drive continues until the date of the hearing (not including postponed hearings). This hearing is your opportunity to challenge the suspension in front of a hearing officer. You will have to decide whether to require the officer to be at the hearing or not.

If you chose a blood test, you will receive a “Notice of Revocation” in the mail at the address on record at DMV and the address on the ticket. This may take 30 days or more. This notice is considered received
three days after it is mailed. The notice will tell you that you must request a DMV hearing by a certain
date or your license will be suspended. You should be able to legally drive until the date of the hearing if you have requested the hearing properly. An attorney can help you with the presentation of the hearing, the strategy involved and the complexity of the system. The loss of license that you face is can be up to one year or more depending on the circumstances.

Possible First Time DUI (with no prior DUIs in any state) Penalties in Colorado:

In Colorado, a DUI conviction remains on your record for life. It continues to be used for criminal
sentencing purposes if you receive future DUIs or other traffic offenses. Penalties may include:

  • Up to one year in jail
  • Up to a $1000.00 fine
  • Up to 96 hours of community service
  • An alcohol evaluation and treatment/therapy as recommended by the probation department
  • 12 points against your driver’s license
  • An automatic license suspension of up to one year depending on the circumstances
  • Fees, fines and costs

If you face a DUI with one or more prior DUIs, in any state, your overall penalties are likely to be much
higher. This is left to the judge who takes into consideration the special circumstances of your case.

Tips on Hiring a Colorado DUI Attorney: 

Consider hiring a former prosecutor for your DUI defense attorney. Former prosecutors have seen the criminal justice system and the DUI laws from both sides. They may have a greater ability to “speak prosecution” to a prosecutor. Prosecutors tend perform more trials than other types of lawyers and it is therefore one of the finest training grounds for an attorney. Consider whether you wish to take care of your case by finding the best way to “limit the damage” or whether you feel strongly about refusing to plead guilty to anything. You may need a good trial attorney, a good negotiator or both. The objective is to reduce the penalties and different situations call for different measures.  Consider whether you feel that you can trust the attorney that you are considering. Are you comfortable with their personality? You will have to discuss personal matters and there is no reason for you to suffer through a long a sometimes stressful process with an attorney that you find to be unpleasant and difficult to work with. In sum, if you are charged with a DUI the most important decision you will make moving forward will be your selection of legal representation. Consider carefully the aforementioned points when choosing a Colorado DUI attorney that is right for you!  At Graf & Associates, P.C. we have the most experienced and aggressive Colorado  DUI lawyers in the Denver Metro area. Many professional writers use journals, and the habit is a good one for anybody interested in writing, even if he or she has no literary ambitions