Colorado takes impaired driving seriously. The state’s Department of Transportation reports that in 2015 almost 5,400 drivers caused accidents while under the influence, including 54 fatal accidents. Furthermore, 1.9% of people admit to drinking and driving—and unfortunately high number. Colorado imposes stiff penalties which vary depending on whether this is your first or subsequent offense.
Driving Under the Influence Defined
Colorado Statute 42-4-1301 defines the two situations in which you can be convicted of DUI:
First, your blood alcohol concentration (BAC) is 0.08% or higher. This means you have committed DUI “per se” and it doesn’t matter whether you are driving safely or not. Simply by virtue of having a BAC above a certain limit, you are legally guilty of DUI.
Second, you are guilty of DUI if you have any drugs or alcohol in your system and you are “substantially incapable” of operating your motor vehicle as you normally would. For example, your BAC might be 0.06% but you are swerving all over the road and ultimately run into a light pole.
Punishment for a First DUI Offense
Generally, first offenders can look forward to the following penalties as spelled out in Statute 42-4-1307:
● Between five days and one year in jail
● A fine between $600 and $1,000
● Your driving privileges revoked for nine months
● A community service requirement between 48 and 96 hours
● Attendance of alcohol education classes
If your BAC was 0.15% or higher, then you are a “persistent drunk driver” even if this is your first offense, and you will be punished much more harshly.
Punishment for a Second DUI Offense
The punishment is stiffer if this is your second offense. To determine whether you have a prior offense, you should count the following:
● A DUI conviction in any state
● A Driving While Ability Impaired (DWAI) conviction in any state
● Vehicular homicide or vehicular assault conviction from any state
Penalties for a second DUI include:
● Between 10 days and one year in jail
● A fine ranging between $600 and $1,500
● Your driving privileges revoked for up to a year
● Attendance of alcohol education classes
● Community service requirement of 48-120 hours
● Two years with an ignition interlock device after your driving privileges are restored
Punishment for a Third DUI Offense
The punishments for a third offense are more serious and include:
● Between 60 days and one year in jail
● A fine ranging between $600 and $1,500
● Your driving privileges revoked for two years
● Attendance of alcohol education classes
● Community service requirement of 48-120 hours
● Two years with an ignition interlock device after your driving privileges are restored
Penalties for Felony DUI
Your offense will qualify as a felony if you have three or more convictions in any state for DUI, Driving While Ability Impaired (DWAI), vehicular homicide, or vehicular assault. Felony penalties are more severe than misdemeanor penalties, and can be found in Statute 18-1.4-401:
● Between two and six years in prison
● Between $2,000 and $500,000 in fines
● Three years of mandatory parole
Contact a Colorado DUI Lawyer
Drunk driving can seriously upend your life. If you are facing DUI charges, you need an aggressive attorney in your corner who understand the possible defenses available. Miller Leonard, the founder of our firm, has worked as a state prosecutor and public defender, so he is well versed in Colorado DUI law. For a free consultation, please contact us today.
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