Colorado DUI Defenses
You need to Find a Colorado DUI lawyer as soon as possible to protect your legal rights if you are arrested for a DUI or DWI. Colorado and many local jurisdiction are now more aggressive on DUI and traffic enforcement as a way to supplement their budgets as the lousy economy is affecting their collection of tax's as the tax base for real estate is shrinking and everybody is spending less reducing their sales tax income. Aspen DUI? Denver DUI?
When you are arrested your driving licence is suspended then there is a hearing if you go to that hearing without a criminal defense lawyer the odds are against you getting to keep your driving privileges so getting a DUI Defense lawyer quickly is very important for most people.
The penalties are many and expensive for a DUI or DWAI conviction. you can have your licensee revoked for up to 7 years jail terms that increase with multiple conviction and fines and significant increases to your auto insurance premiums. Some, if they are professional drivers, will lose their jobs and this does not include the social stigma that is part and parcel with a drunk driving conviction.
So what are some of the things that you can do short of never drinking and getting in a car? One of the smartest things that you can do is if you are pulled over never volunteer information to the arresting police officer. A good rule of thumb is that if a cop asks you for permission to do something it generally means that you need to give them permission to do the requested action, Don't give them permission unless your lawyer specifically tells you to.
What are some of the DUI defenses well a good lawyer will first look at the stop to see if there was probable cause. Field sobriety tests can be administered wrong, or they could be administered by someone who does not have the proper training. there can also be issues with the testing equipment they might not have been calibrated or calibrated incorrectly.
Procedurally the police might have messed up and forgot to read you your miranda rights or they read them to you long after you were arrested. On field sobriety check points there can be issues of how long you had to wait before you up to the front of the line. There are many things that a DUI attorney can look at and contest in your defense.
COLORADO DRUNK DRIVING LAWS
ADMINISTRATIVE PENALTIES
Violation License Suspension Points
BAC test of at least 0.08 9 months
2nd BAC test of at least 0.08 1 year
3rd or subsequent BAC test of at least 0.08 2 years
DWAI None 8 points
1st DUI 9 months 12 points
2nd DUI or DWAI 12 months DWAI 8 points
DUI 12 points
3rd DUI or DWAI 24 months DWAI 8 points
DUI 12 points
1st Under 21 drinking and driving (BAC of at
least 0.02 but less than 0.05)
3 months - 1st offense
6 months - 2nd offense
1 year - 3rd or subsequent
offense
4 points
CRIMINAL PENALTIES
Offense Jail Fine Public Service
1st DWAI 2 days -
180 days
$200-$500 24 hrs -
48 hrs
1st DUI 5 days -
1 year
$600-$1000 48 hrs -
96 hrs
DWAI or DUI with one previous
DWAI or DUI
10 days -
1 year
$600-$1500 48 hrs -
120 hrs
DWAI or DUI with two or more
previous DWAI or DUI
60 days -
1 year
$600-$1500 48 hrs -
120 hrs
5Administrative penalties for the same incident are not consecutive. For example, if a person whose license was
suspended for a BAC test of at least 0.08 is subsequently convicted of DUI arising out of the same incident, the person's
license is only suspended once.
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CRIMINAL PENALTIES
Offense Jail Fine Public Service
1st Under 21 drinking and driving
(BAC or at least 0.02 but less than
0.05)
None $100 Up to 24 hrs
In some cases, a portion of the minimum mandatory jail sentence can be suspended if the
person agrees to undergo an alcohol treatment program.
In addition, persons who violate the state's drunk driving laws may have to pay court costs,
penalty surcharges of up to $500 to help pay for programs to address persistent drunk drivers,
surcharges to benefit the crime victim compensation fund, fees to reinstate a driver's license
after suspension or revocation, and other fees, charges, and penalties.
Still other consequences may follow. If alcohol or drugs are involved in an accident causing
injury or death, the penalties for vehicular assault or vehicular homicide are more stringent.
Persons convicted of a third DUI or DWAI offense within 7 years also face a mandatory
5-year license revocation under the "habitual traffic offender" statute, section 42-2-202,
Colorado Revised Statutes.
This summary does not include all the details contained in state law and regulations. For
more information, contact your local Driver License Office or visit a public library and ask
for title 42 of the Colorado Revised Statutes to review sections 42-2-125 to 42-2-208
(administrative point system and revocation procedures) and 42-4-1307 (penalties for traffic
offenses involving alcohol and drugs).
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This is not legal advise. We are not lawyers. If you have a question take it to a licensed attorney.
