DUI/DWI Penalties in Denver Colorado
Needless to say, it is a fact that DUI offenses no matter how little attract penalties. These penalties are usually foisted on offenders so they would serve as deterrent to others to stop the act and help in ensuring optimal road safety in the major cities and towns of the 50 states in the United States. Punishments for DUI could range from license suspension to license revocation, fines, jail term and unpleasant criminal record. It is an act so frowned at in Colorado that it is considered a misdemeanor criminal offense.
What happens when you’re arrested for DUI in Colorado?
Directly or indirectly, it is perceived that DUI punishment begins from the DUI checkpoint. The convention is that law enforcement officers must have a genuine reason to stop anyone for a DUI examination. In this case, you must have been suspected for some levels of road use irregularities before being stopped for a check. While you are stopped, you are being restricted of movement and so we perceive this is an indirect punishment already. After this stop, the police officers may propose field sobriety tests as well as chemical tests for you to determine your intoxication level. Field sobriety tests are voluntary tests and it is our professional doing to advise our clients to politely refuse it as it may have a negative consequences on your DUI status, hence case if eventually arrested. However, breadth tests, chemical tests and blood sample examination are not voluntary. Refusal to take them could earn you negative consequences, but even so, ensure that you receive a go ahead from your DUI attorney before proceeding with it.
If at the end you are convicted for DUI, there are penalties and punishments to pay for your guilt.
Penalties for DUI in Denver, Colorado
Your punishments for DUI convictions can be determined by a lot of factors. These include whether you are a first timer, how many drunk driving convictions you have been accused of and the level of alcohol in your blood as tested.
First time DUI Penalties in Colorado
As a DU first timer in Colorado, you could expect sanctions which include from five days to a year jail term, a fine fee of up to $1000, 9 months license revocation, community service of 96 hours and compulsory alcohol education classes (to be paid for by participant). If your BAC level reads 0.08 and above, you can be made to face a DUI charge per se. Even with lower BAC and perhaps no chemical test results, a driver arrested for DUI can face charges for driving with ability to be impaired (DWAI) based on police observation. DWAI convictions are usually slightly lower than DUI, and that may spell between 2 days and 180 days jail term for offenders. Other punishment DWAI attract are a fine of up to $500, 8 points against driver’s license and a community service for up to 48 hours.
High BAC DUI Punishment
IF a driver is tested for high BAC level of up to 0.15 percent in Colorado, he would be considered as a ‘persistent drunk driver’. Such people get increased penalties including level
II alcohol education classes. This could also consequently attract a mandatory ignition interlock device for at least two years before license would be reinstate. Most first time DUI offenders require a level I alcohol education class while persistent drunk drivers and high alcohol DUI as well as refusal to take chemical tests could fetch offenders’ level II alcohol education class.
High BAC DUI Punishment
IF a driver is tested for high BAC level of up to 0.15 percent in Colorado, he would be consdere as a ‘persistent drunk driver’. Such people get increased penalties including level
II alcohol education classes. This could also consequently attract a mandatory ignition interlock device for at least two years before license would be reinstate. Most first time DUI offenders require a level I alcohol education class while persistent drunk drivers and high alcohol DUI as well as refusal to take chemical tests could fetch offenders’ level II alcohol education class.
Alcohol DUI and Drug DUI
The fact that some recreational drugs like marijuana are legal in Colorado is not a reason to drive under the influence of their intoxication. In fact, a valid marijuana card is not a defense to Drug DUI charges in anyway. Therefore the penalties for Alcohol DUI are the same for Drug DUI or a combination of both.
DUI and Loss of License
You could lose your license to DUI for a few reasons. One of it is refusing to take a chemical test whether or not you are convicted for the crime. You could also have your license automatically suspended if you fail to request a DMV hearing within the first seven days of your DUI arrest. This is because after the DUI, law enforcement will be in possession of your license while you would be given a temporary license which could last only for seven days when your hearing must have been requested. Another reason you could also have your license suspended to DUI is if you already garnered 12 more point against your record in a 12 month period.
If you have DUI, DUI per se, DWAI, vehicular assault involving drugs or alcohol or vehicular homicide involving alcohol or drugs in another state with the federation, they will count as prior DUI conviction in Colorado
DUI and Criminal Record
A mere refusal of chemical tests attract grievous DUI consequences. You may have to face automatic suspension of driver’s license, designation of a PDD (Persistent Drunk Driver) status even as a first timer, mandatory alcohol education and treatment programs, SR-22 insurance and ignition interlock device (IDD)which will be placed on your vehicle for at least a year after your driving privileges have even be reinstated.
Above all, DUI result in criminal records. For first timers, it results in a misdemeanor criminal records.
What to Do to DUI Penalties in Colorado
It might be difficult to secure expungement in Colorado except for minors. The best bet is to fight the criminal charge for a DUI in court so as not have a criminal record. You therefore need the service of very professional and experienced DUI attorneys to fight your case and get you the least penalties possible in cases where punishments are inevitable. We are at your service!
