DUI Punishment

What is the legal limit in Colorado?

To understand DUI Punishment, you must first know was DUI is.  Under Colorado law, a person commits the offense of DUI if they operate a motor vehicle with a BAC greater than .08.  A person commits the offense of DWAI if they operate a motor vehicle with a BAC greater than .05.  Additionally, a person can be charged with a DUI if they have 5 nanograms of active THC in their system at the time of driving.  There is not limit for THC under the DWAI statute.

What are the Colorado DUI Punishments? 

A DUI in the State of Colorado is considered an unclassified misdemeanor.  The Colorado DUI Penalties depends on a variety of factors. The maximum possible jail sentence is 1 year and a fine from $600-$1,000. A defendant is also required to complete 48-96 hours of community service.  A first offense does carry 5 days, but that sentence can be suspended upon the successful completion of an alcohol driving class.  A first DUI with a BAC greater than .20 carries a mandatory 10 days in jail. For a first offense, you will also be required to do probation. Probation on a first offense is typically 1 year.

A first DWAI can be punished by up to six months in jail or a fine of up to $500.  A second DUI/DWAI carries a mandatory minimum 10 days in jail up to one year. The jail sentence may be served on in-home detention if the prior alcohol related driving offense is greater than five years old.  A third offense carries a mandatory 60 days and jail up to a one year. Second and third DUIs also require a mandatory probationary sentence of two years. The mandatory minimum 60 days would not qualify for in-home detention.

It is important to remember that the mandatory minimum sentences are the lowest the Court can give. While subsequent offenses have mandatory minimum sentences, a court will look at aggravating and mitigating factors to determine the appropriate sentence. It is not unusual for Judges to impose sentences with jail sentences higher than the mandatory minimum.  To better understand your situation, request a free consultation with our DUI Lawyer today.

What does jail entail?
A defendant can typically serve a jail sentence in one of three ways.  Jail can be straight time.  This is the type of sentence where you are taken to jail and sit there for the ordered amount of time.  Jail could also be served on work release status.  This is a type of sentence where you are permitted to go to and from work, but you sleep in the county jail.  Jail can also be served on in-home detention.  This permits you to go to and from work and other court order obligations, but you are to remain at home at all other times.  To determine your options or if you are eligible for alternative sentencing please contact our DUI Attorney today for a free consultation.
When is a DUI considered a felony?
A fourth DUI is considered a felony under Colorado law.  For more information concerning Felony DUI please speak with our attorney today or check out the Felony DUI Section.
What priors are considered under Colorado Law?
Colorado law will consider any priors committed in an individual’s lifetime for purposes of determining priors for sentencing consideration.  This also applies to any prior DUI committed in any other State or territory in the United States of America.  The age of prior offenses is a factor the Court’s will consider.  If you have questions about a DUI, and you have prior offenses, contact our firm today for a free consultation.
We’re open during regular business hours, but we will stay late or be available on weekends if necessary. Schedule a free consultation. Attorney Lawrence is ready, willing and able to discuss and defend you against any DUI/DWAI charge.