Best Drunk Driving Lawyers in Colorado

About Drunk Driving Law in Colorado, United States

Drunk driving, officially referred to as Driving Under the Influence (DUI), is a serious criminal offense in Colorado. DUI occurs when a person operates a motor vehicle while impaired by alcohol or drugs, including prescription medication and marijuana. Colorado enforces strict penalties for those convicted of drunk driving, aiming to keep roads safe and reduce the risks associated with impaired driving. Understanding the legal landscape is critical for anyone who finds themselves facing such charges or seeking information about their rights and responsibilities.

Why You May Need a Lawyer

Legal representation is highly recommended if you are charged with drunk driving in Colorado. Some common scenarios where people seek legal help include:

• If you have been arrested for DUI or DUI per se in Colorado.
• If you failed or refused to take a breathalyzer or blood test.
• If you are facing additional charges, such as reckless driving or causing injury while impaired.
• If this is not your first DUI offense and you are worried about harsher penalties.
• If you are under the age of 21 and charged with Underage Drinking and Driving (UDD).
• If you are a commercial driver facing DUI charges which can impact your livelihood.
• If you want to challenge the administrative revocation of your driver’s license.
• If you seek to negotiate reduced charges or alternative sentencing options.
• If you need guidance through court processes or DMV hearings.

A criminal defense attorney can explain your options, build your defense, negotiate with prosecutors, and represent you at hearings and trials.

Local Laws Overview

Colorado maintains several key laws relating to drunk driving:

• DUI (Driving Under the Influence): A person is considered legally impaired with a blood alcohol content (BAC) of 0.08 percent or higher. Driving with a lower BAC can still result in charges if impairment is observed.
• DWAI (Driving While Ability Impaired): Applicable if your BAC is between 0.05 percent and 0.079 percent, or if there are signs of diminished driving ability due to alcohol or drugs.
• DUI per se: You can be charged solely based on having a BAC of 0.08 percent or higher, regardless of physical impairment.
• Zero Tolerance for Underage Drivers: Anyone under 21 faces penalties for a BAC as low as 0.02 percent.
• Implied Consent: By driving in Colorado, you give implied consent to submit to chemical testing if lawfully arrested for DUI. Refusing a test leads to automatic license revocation.
• Penalties: Sanctions vary by offense number and severity, including jail time, fines, community service, required alcohol education or treatment, and installation of an ignition interlock device.

Colorado DUI convictions stay on your criminal record indefinitely and can have lasting consequences for employment, insurance, and travel. Every case is unique, so consulting a lawyer is strongly advised.

Frequently Asked Questions

What is the legal blood alcohol limit in Colorado?

The legal limit is 0.08 percent BAC for adults. Commercial drivers are subject to a lower limit of 0.04 percent, while any detectable BAC of 0.02 percent or higher can lead to charges for drivers under 21.

What is the difference between DUI and DWAI?

DUI is charged when your ability to drive is substantially impaired and your BAC is 0.08 percent or higher. DWAI applies when your ability to drive is only slightly impaired and your BAC is between 0.05 and 0.079 percent.

What are the penalties for a first-offense DUI?

A first DUI offense can result in up to one year in jail, fines from 600 dollars to 1,000 dollars, license revocation for nine months, up to 96 hours of community service, and mandatory alcohol education.

What happens if I refuse a breathalyzer or blood test?

Refusing a chemical test results in automatic license revocation for at least one year and can be used as evidence against you in court.

Can I get a DUI for using marijuana or prescription drugs?

Yes, Colorado DUI laws apply to all substances that impair your ability to drive, including recreational marijuana, prescription medication, and over-the-counter drugs.

Will a DUI conviction stay on my record forever?

Yes, in Colorado, DUI convictions remain on your criminal record for life and cannot be sealed or expunged.

Can I be charged with DUI even if I was not driving?

Yes, you can be charged if you are in actual physical control of the vehicle, which can include sitting in the driver’s seat with the keys in your possession.

What is an ignition interlock device?

It is a breathalyzer installed in your vehicle that requires you to provide a sober breath sample before starting the car. Installation is mandatory for repeat offenders and some first-time offenders.

What is the legal process after a DUI arrest?

You will face both criminal charges in court and administrative proceedings with the Department of Revenue regarding your driver’s license. Timelines are strict, so consult a lawyer promptly.

Can a lawyer help me reduce the charges or penalties?

Yes, an experienced DUI lawyer may be able to challenge evidence, negotiate a plea agreement, or otherwise work to lessen the impact of charges and penalties.

Additional Resources

For more information and support on drunk driving in Colorado, consider the following resources:

• Colorado Department of Revenue, Division of Motor Vehicles (DMV)
• Colorado Judicial Branch Self Help Center
• Colorado State Public Defender’s Office
• Colorado Bar Association
• Local county court or district attorney’s office
• State-approved alcohol education and treatment providers
• Nonprofit organizations such as Mothers Against Drunk Driving (MADD) Colorado

Next Steps

If you are facing drunk driving charges in Colorado, acting quickly is crucial.

• Do not discuss your case with anyone except your attorney.
• Contact a qualified Colorado criminal defense attorney as soon as possible to review your case and protect your rights.
• Attend all required court dates and DMV hearings.
• Prepare any documents or information your lawyer advises you to gather, such as arrest paperwork or evidence of your BAC test.
• Follow any court-ordered requirements, such as attending classes or installing an ignition interlock device, if applicable.

Being proactive and seeking legal counsel early can make a significant difference in the outcome of your case. Understanding the process and your rights is the first step toward resolving your legal matter and moving forward.