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.