In the state of Colorado, DUI is both a felony and a misdemeanor. Neither is particularly good to have on your record. Both create serious potential problems for you. You should hire a criminal lawyer when you’re being accused of either. A lawyer can help mitigate some of the damage a DUI will do to your criminal record.
Miller Leonard, PC has helped thousands of our clients see reductions in their charges. If you’ve been caught driving under the influence, you need a lawyer who understands how mistakes happen and will plead your case before the judge.
What Exactly is a DUI in Colorado?
According to Colorado’s drunk driving laws, a driver is charged with a DUI or a DUAI when:
● A driver’s BAC (blood alcohol level) is greater than .05;
● Or a driver’s blood contains more than 5 nanograms delta-9 THC.
These tests are generally administered at the scene. Additionally, a driver may be subject to stiffer penalties or classified as a persistent drunk driver if their BAC is found to be over .15.
Misdemeanor DUI Charges in Colorado
A DUI will be classified as a misdemeanor offense if the following are true:
● The driver has never been arrested for DUI in the past;
● The driver has no more than two prior DUIs;
● Or the driver was not involved in an accident that resulted in injuries
To explain further, the law will consider how many times you’ve been arrested for driving under the influence. If it’s either less than two or your first time, then you are more likely to qualify for a misdemeanor.
However, if you, as the driver, caused serious bodily injury or death to another person while operating a motor vehicle under the influence, then you can be charged with a stiffer penalty, including a felony.
Felony DUI Charges in Colorado
A driver can be charged with a felony DUI if either of the following is true:
● The driver has a minimum of three prior DUI convictions;
● Or the driver caused an accident while under the influence that resulted in serious bodily injuries or death to another person.
When determining how many prior DUI’s a driver has, DUI’s from other states can be considered against the defendant.
Penalties for DUI in Colorado
There are two classifications of penalties under Colorado law. Those include criminal penalties and administrative penalties. Administrative penalties may result in points on your license or suspension of your license.
Criminal penalties can result in fines, public service, or even jail time.
An Experienced Colorado DUI Attorney Can Help
While you could potentially be looking at very stiff penalties in Colorado for driving under the influence of alcohol, marijuana, or even drugs for which you have a prescription, an experienced DUI attorney can help reduce your charges and explain your situation to the judge.
Sentences can be reduced when a defendant promises to get the help they need by entering themselves into a treatment program.
DUI is a serious charge, but it doesn’t have to ruin your life. Contact the experienced criminal defense attorneys at the office of Miller Leonard, PC at (720) 613-8783 or contact us online, and we can begin preparing your defense right away.