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Colorado Drunk Driving Offenses

Denver DUI AttorneyColorado has very stringent DUI laws that drivers need to be aware of at all times.  While there is some truth that first time offenders might be shown some leniency, repeat offenders rarely are and often face  dire consequences that include not only fines, classes and public service, but jail time is now mandatory for 2nd offenders in most  circumstances.

COLORADO PUNITIVE STATUTES FOR MULTIPLE DUI OFFENSES¹:

Second Time Offenders

Repeat violators that have had a DUI conviction will be subject to the following:

  • A minimum of 10 days in jail.  (In certain cases.,  Attorney Rosenthal may be able to get this requirement to be served as in home detention or otherwise waived.
  • A maximum of 2 years in jail.
  • A fine of $600 – $1500.
  • A driver’s license suspension of 1 year. (In certain circumstances.,  Attorney Rosenthal might be able to get you driving sooner that one year).
  • 12 Points on a license. Before license reinstatement, an ignition interlock device must be installed in the driver’s vehicle.
  • Public service for 48 – 120 hours.

Third Time  or mored Offenders

If a person is facing a third drunk driving conviction, the following punishments are assigned:

  • A minimum of 60 days in jail.
  • A maximum of 2 years in jail.
  • A fine of $600 – $1500.
  • A driver’s license suspension of 2 years.
  • 12 Points on a license. Before license reinstatement, an ignition interlock device must be installed in the driver’s vehicle.
  • Public service for 48 – 120 hours.

Previous DWAI Offenders

If a person has had a DWAI before and receives a DUI, they will be subject to the same penalty structure as first Second Time Offenders.

¹Last Revised 7/23/2012

Distinguishing Between a DUI and DWAI

Punishments listed are in correlation with a person that has been convicted of a DUI. However, there is also a conviction of DWAI which is different and may provide similar, but lesser punishments. Distinguishing between the two is a matter of knowing what the Blood Alcohol Content level is.

  • .05 or less than .08 will be considered a DWAI
  • .08 or higher will be considered a DUI (In ceertian circmsatcnes,  Attorney Rosenthal can get a DWAI offered,  even if your BAC is over .08)

A DWAI is considered “driving while ability impaired to the slightest degree,” but is not the same as driving under the influence.

What if I Refuse the Roadside Test?

If a driver refuses to take the chemical test, they will be under what is called “implied consent.” This will result in an automatic suspension of license that correlates with any prior DUI convictions. For first time offenders, a 1 year suspension will be given. Second time offenders will receive a 2 year suspension, while third time offenders will receive a 3 year suspension. Attroeny Rosenthal might be able to get you driving sooner than this.

Retaining A Lawyer to Combat Multiple DUIs

If you’ve been involved in a 2nd (or more) Driving Under the Influence offense, now is the time to retain the experience of a trusted DUI lawyer like Jeremy Rosenthal.  Facing penalties that involve long jail and licesne loss can be daunting without the guidance and sure handedness of legal counsel at your side.  Jeremy will work diligently to determine any arguments in your favor in order to secure the best possible outcome for your circumstance.

Contact the Law Offices of Jeremy Rosenthal today for a free consultation and bring the authority of the law back to your side!