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Driving under the influence (DUI) and driving while ability impaired (DWI or DWAI) are serious criminal offenses in Colorado. These laws prohibit operating a motor vehicle while your ability to drive is impaired by alcohol, drugs, or a combination of both. Colorado enforces strict penalties aiming to reduce injuries and fatalities caused by impaired driving. Understanding the legal consequences and procedures involved in a DUI or DWI case is critical for anyone facing such charges or seeking to avoid them.
The legal process surrounding DUI and DWI charges in Colorado is complex. You may need a lawyer if you are arrested or charged with DUI or DWI, if you face administrative license suspension, or if you are dealing with repeat offenses. A defense attorney can help you navigate court appearances, challenge the evidence against you, negotiate plea bargains, and explain your legal options. In some cases, a lawyer may help reduce penalties, prevent the suspension of your driver’s license, or even get charges dismissed. Legal representation is especially important if your case involves injury accidents, high blood alcohol concentration (BAC), or complicating factors like prior convictions.
Colorado law defines DUI as driving with a BAC of 0.08 percent or higher, or impaired by alcohol or drugs regardless of BAC. DWAI is charged when a person's BAC is at least 0.05 percent but less than 0.08 percent, or when there is evidence of impaired driving ability. Penalties for a first DUI can include jail time, fines, community service, mandatory education classes, and license suspension. Penalties increase with subsequent offenses or aggravating circumstances such as high BAC or accidents causing injury. Colorado also has express consent laws, meaning drivers implicitly agree to chemical testing. Refusing a BAC test can result in automatic license suspension. There are also special rules for underage drivers, commercial drivers, and marijuana impairment.
For most drivers, the legal BAC limit is 0.08 percent for DUI, and 0.05 percent for DWAI. Commercial drivers have a lower limit, and people under 21 face penalties at 0.02 percent or higher.
DUI means driving under the influence, typically with a BAC of 0.08 percent or above, while DWAI stands for driving while ability impaired, usually with a BAC between 0.05 and 0.079 percent or based on observed impairment.
Colorado's express consent law requires drivers to submit to chemical testing if an officer has probable cause. Refusing a test results in automatic license revocation and other penalties.
A first-time DUI can result in up to one year in jail, fines, license suspension for nine months, community service, and mandatory alcohol education.
Yes. Colorado law prohibits driving while impaired by any substance, including marijuana, prescription drugs, and even some over-the-counter medications.
Refusing a chemical test leads to an automatic license suspension for at least one year, even if you are not convicted in court. You may also face installation of an ignition interlock device.
A DUI conviction remains on your Colorado driving record permanently and can cause your insurance premiums to increase significantly or result in policy cancellation.
Yes. A lawyer can help challenge the legality of the stop, the accuracy of testing methods, and the handling of evidence, among other potential defenses.
In some cases, charges can be reduced to lesser offenses or dismissed if there are procedural errors or if evidence is weak. This usually requires skilled legal representation.
Request a hearing with the Colorado Department of Revenue within seven days if you want to contest your license suspension. Consult with a DUI attorney as soon as possible to discuss your rights and defense options.
Colorado Department of Revenue Division of Motor Vehicles (DMV) provides information on license suspension and reinstatement. The Colorado Judicial Branch offers resources on court procedures. Non-profit organizations like Mothers Against Drunk Driving (MADD) offer educational materials and victim support. Local bar associations can help you find qualified DUI defense attorneys. You can also seek information from community legal aid organizations if you require assistance with legal costs.
If you are facing a DUI or DWI charge in Colorado, act quickly. Gather all paperwork received from law enforcement and request a DMV hearing within the required timeframe. Contact a local attorney experienced in DUI and DWI law to evaluate your case and discuss possible defenses. Ask for a clear explanation of the process, costs, and what you can expect as your case proceeds. If finances are a concern, explore public defender or legal aid options. Above all, do not ignore legal notices or deadlines, as failing to respond can result in immediate license suspension and other negative consequences.
