What to Expect as a First DUI Offender in Colorado
A first time DUI offender could be really scared if he has by chance learnt of the huge consequences of DUI. Even so, he doesn’t have to be too timid because his punishments would be light compared to a persistent drunk driver (PDD). Rather than get unnecessarily worried, he should work on securing the service of a great DUI lawyer who could work to strike the case out and ensure he maintains a clean crime record. Instead he should be prepared to face punishments for the offense.
DUI is viewed a bit differently in Colorado just like some other state have slightly different laws with it from others. In Colorado, motorists are generally prohibited from using a public road while under the influence of drugs, alcohol or a combination of both. This is largely referred to as ‘driving under influence’ (DUI). They are also prohibited from driving while their abilities are impaired with the use of alcohol, drugs or a combination of both substances. And on the third note, motorists are not expected to test a blood alcohol concentration (BAC) of 0.08 percent and above while driving. This is called DUI per se.
According to Colorado DUI law, a person is considered ‘under the influence’ when he is substantially incapable physically and/or mentally to control himself, exercise clear judgments or have sufficient physical control to operate a vehicle safely. In contrast, ‘ability impairment’ as related to DUI law in Colorado means that such person is affected to the slightest degree such that he is less able to exercise clear judgment nor possess sufficient physical control to operate a vehicle. A driver is presumed to belong in this category if a chemical test on him indicate that he is having more than 0.05 percent but less than 0.08 percent blood alcohol concentration. ‘DUI per se’ means that a person’s BAC is confirmed to be above 008 percent at the time of driving and up to two hours after driving.
General Penalties for DUI
DUI in Colorado attracts both administrative and criminal penalties.
Administrative penalties include;
License revocation: It is clearly spelt under Colorado’s implied consent law that once a driver is deemed to have given consent to a chemical test and there are possible cause to believe that he has violated any of the three DUI categories (DUI, DWAI and DUI per se), the Colorado Division of Motor Vehicle would revoke his license once he has a BAC of 0.08 and above or he refuses to take a chemical test. First violation (based on high BAC) could earn a driver license revocation for 9 months but he would be free to apply for a restricted license after month into the revocation period. However, if first revocation is based on chemical test refusal, this attracts a year’s license revocation and driver can only apply for restricted license two months into the revocation period. In both cases, drivers are meant to take alcohol education classes before restricted licenses are given.
Ignition Interlock Devices: All first time offender are required to accept an ignition interlock device as a condition for holding restricted license in Colorado. If the offender has been caught for BAC of 0.08 percent or more, the device would be installed in all vehicles registered in his name to be carried for at least eight months. The offender is however eligible for a license without IID restriction after four months if there are no violations. For a BAC of 0.15 percent and above or a driver that refuses a test, he must have the device for two years after reinstatement.
Criminal penalties
Criminal penalties for DUI in Colorado include fines, jail term, community service and license revocation depending on a lot of factors which include severity of offense, whether a first timer or PDD (Persistent Drunk Driver) and lots more.
First Time DUI/DWAI Convictions Penalties in Colorado
Jail Term: Once someone is convicted for a first time DUI/DWAI in Colorado, he is liable to serve between two days and 180 days jail term. However, the DUI court can suspend the two days minimum if substance abuse evaluation and treatment is completed by the offender. For drivers with BAC of 0.20 percent and more, minimum jail term is pegged at ten days and could run for a maximum of a year.
Fines: Fines and fees for a first time DUI charge could span from $500 to $1000 in Colorado including court charges and surcharges.
License revocation: This is the penalty that is common to both administrative and criminal DUI penalties. However, there is no license revocation for a first DWAI offender. You would only be placed on a probation of a minimum of no time and a maximum of 2 years.
Public Service: A first time DUI/DWAI conviction attracts a minimum public or community service of 24 to 96 hours with a fine of $120 fee.
These are only guidelines as they don’t represent the full scope of a judge’s punishment options. You are therefore kindly advised to abide by Colorado DUI laws as a second conviction earns you even bigger consequences and penalties.
