Penalty Expectations for DUI/DWAI in Denver, Colorado
- A minimum jail time: 5 days (first conviction)
- A minimum jail time: 10 days (Second conviction)
- Automatic DUI penalty: DUI does not become a felony until the fourth offense in a lifetime
- DUI factors into penalties for a lifetime
- An administrative license suspension of 9 months to 1 year for first-time offenders and longer suspension/revocation periods for repeat offenders.
- Non-mandatory vehicle impounding which is usually up to the discretion of the arresting officer/agency
- Mandatory ignition interlock installation for 1st conviction/BAC .08 or Refusal
- Mandatory ignition interlock installation for a period of 8 months
- Additional penalties for a high BAC, most especially above 0.15 BAC and for test refusal
- Mandatory alcohol assessment
- Minimum cash fine (1st conviction): $600
- Minimum cash fine (2nd conviction): $600
- “No Refusal” field sobriety testing. Roadside tests are voluntary in Colorado and a chemical test cannot be obtained without consent or a prior warrant
- Insurance rate increase drastically by 34 percent after DUI
- Child endangerment protection: Yes
- Sobriety tests at checkpoints are okayed
- Other penalties are also involved.
Colorado DUI penalties as highlighted above only managed a total score of 48.64 percent as against the bigger figures earned by states on the higher spots in the ranking only just above Illinois who has a toughness percentage of 46.36. The contest was purely led by the trio of Arizona, Georgia and Alaska, garnering up to 84.09, 70.45 and 65.00 percent respectively for their toughness on DUI offenders in the US.
DUI Penalties in Colorado as Amended
As effective from 1st of July, 2010, Colorado DUI has been updated to include the following changes.
First DUI penalties
Although this was not meant to change, it did owing to drafting errors. Going by this, jail sentence came as mandatory between 5 days and a year except as could be protested by contrasting sections of the law. As from the said date too, immediate sentencing requires a pre-sentence evaluation and some mandatory sentences are still allowed to apply to first offense. Monitored use of alcohol has been pinpointed as one update that wasn’t intended as it doesn’t explain how it will play out in practice. It is said to be the drafter’s error and was expected to change in 2011. The punishments that remains the same include;
- $600.00 – $1,000.00 money fine.
- 48 – 96 hours of mandatory community service, and
- Two years of discretionary probation which may include other conditions.
Penalties for DWAI
DWAI updates came with a jail sentence of between 2 days to 180 days. However, the minimum is mandatory except as provided in antagonistic clauses of the law. DWAI punishments also include;
- $200.00 – $500.00 fine
- 24 – 48 hours of mandatory public service
- 2 years of discretionary probation that can include other conditions.
Also, if a first time offender has a high BAC of above 0.20 percent, the Court must impose a 10 day jail sentence regardless of whether the conviction is for DUI, DUI per se, or DWAI. The 10 days may be served in sentencing alternative programs of the law.
Multiple DUI penalties
DUI/DWAI penalties become greater with additional DUI. The best bet is to meet with your DUI attorney to intimate you with updates on the punishment as they are usually more elaborate than the lists found on pages of websites. However, the basic things to note here are that after the first DUI, you will get a PDD (Persistent Drunk Driving) status, and once you get the fourth DUI your offense automatically transforms from misdemeanor and becomes a felony. That would fetch you even heavier penalties. Also, prior DUI either in Colorado or any other states in the US count against your DUI record in Colorado. You therefore have to be very careful to avoid DUI or challenge it as quickly as possible with your Denver DUI attorney.
Additional penalties for all DUI offenses
There are sometimes additional penalties for DUI offenses in Colorado be it first, second or multiple. However, this is usually at the discretion of the judge even though there are some legal backings to it. These could include the following list among others.
- Crime Victim Compensation Fund Costs which is pursuant to 24-4.1-119(c) of the DUI law in Colorado.
- Persistent drunk driver fund surcharge ($100 – $500, unless indigent).
- Up to $20.00 to the traumatic brain injury trust fund.
- Rural Substance Abuse Program Fund ($1 – $20, unless indigent).
- Restitution.
- Costs associated with pre and post sentence alcohol and drug evaluation and supervision services. Offenders are wholly responsible for this.
- Up to $120 for community service.
- A victim panel is discretionary.
These and many more are the penalties to expect for a DUI in Colorado. Yet, you should always remember that you could get your case dismissed or penalties reduced when you allow an experienced Colorado DUI attorney in your representation.
