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333 Perry Street, Suite 204
Castle Rock, CO 80104 Phone: 303-791-6500 Fax: 303-791-8393 |   |
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| Charge | Statute | Maximum | Minimum | Points | Susp. Sentence | License Susp. |
| DUI | 42-4-1301(1)(a) | 1 year/$1000/ | 5 days/$300/ | 12 | 1 year | |
| DUI per se | 42-4-1301(2)(a) | 1 year/$1000/ | 5 days/$300/ | 12 | 1 year | |
| 2nd DUI | 42-4-1301(1)(a) | 1 year/$1500/120UPS | 90 days/$500/60UPS | 12 | 80 days if complies with 42-4-1301(9)(f)(I) | 1 year |
| 2nd DUI per se | 42-4-1301(2)(a) | 1 year/$1500/120UPS | 90 days/$500/60UPS | 12 | 80 days if complies with 42-4-1301(9)(f)(I) | 1 year |
| DUI,DWAI, or DUI per se of .170 or more | 42-4-1301(9)(a)(II)(B) | 1 year/$1500/120UPS | 90 days/$500/60UPS | 12 | 80 days if complies with 42-4-1301(9)(f)(I) | 3 months |
| DUI,DUI per se with prior DWAI | 42-4-1301(9)(a)(III) | 1 year/$1500/112UPS | 70 days/$450/56UPS | 12 | 63 days if complies with 42-4-1301(9)(f)(I) | 1 year |
| DWAI | 42-4-1301(1)(b) | 180 days/$500/48UPS | 2 days/$100/24 UPS | 8 | 3 months | |
| 2nd DWAI | 42-4-1301(1)(b) | 1 year/$1000/96UPS | 45 days/$300/48UPS | 8 | 40 days if complies with 42-4-1301(9)(f)(I) | 1 year |
| DWAI with prior DUI or DUI per se | 42-4-1301(9)(b)(III) | 1 year/$1200/104UPS | 60 days/$400/52UPS | 8 | 54 days if complies with 42-4-1301(9)(f)(I) | 1 year |
| DWAI at 0.170 or more | 42-4-1301(9)(b)(IV) | 1 year/$1500/120UPS | 90 days/$500/60UPS | 8 | 80 days if complies with 42-4-1301(9)(f)(I) | 3 months |
| Baby DUI under 21 | 42-4-1301(2)(a.5) | $100/Class A Traffic Infraction | 4 | 3 months |
DUI: You drove a vehicle while you were under the influence of alcohol or drugs to such a degree that you were substantially incapable of safely operating a vehicle with safety to yourself and to the public.
First DUI Offense
For a first-time DUI conviction, a judge must impose from between five (5) days to one (1) year in jail. When your blood alcohol content is below 0.170 grams of alcohol, the law permits the judge to suspend all or part of the sentence on condition that you complete and pay for a level I or level II alcohol education program and the corresponding therapy as recommended by the court-ordered alcohol / drug evaluation. You must also attend a court-designated victim impact panel. Even if your blood alcohol content is below 0.170 grams of alcohol, there is no guarantee that the judge will suspend the entire jail sentence. Some don't.
The judge must also impose from between forty-eight (48) and ninety-six (96) hours of useful public service and from between $300 and $1,000 in fines. The judge must impose fines as well as court costs. Court costs usually amount to $500.
Twelve (12) points will be assessed to your driving record. Regardless of your age or your class of license, you will lose your license for one year on a points suspension. If you are twenty-one (21) or over, you can petition for a restricted "red" license which requires no interlock device being placed on your vehicle. If you are under twenty-one years old, your license will be revoked (independent of points) for one (1) year. This one (1) year revocation is mandatory even if this is your only traffic violation in your entire life. This revocation does not permit any kind of restricted driving.
A DUI constitutes a habitual strike against your driving record. After three (3) major traffic violations within seven (7) years, the Department of Motor Vehicles must revoke your license for five (5) years.
If your blood alcohol content exceeds 0.170 grams of alcohol, the judge cannot suspend your entire sentence. Instead, the judge can suspend all but ten (10) days in jail. In other words, the judge must sentence you to a minimum of ten (10) days in jail, even if this is your first offense in a lifetime. It does not matter if you are a single parent. It does not matter if jail will get you fired from your job. The ten (10) days is mandatory even if this is the first crime you ever committed in your entire life.
Second DUI Offense
When an individual with a previous DUI conviction gets another one, a judge must impose from between ninety (90) days to one (1) year in jail. Regardless of your blood alcohol content, the law permits the judge to suspend all but ten (10) days in jail (which is the minimum) on condition that you complete and pay for a level II alcohol education program and the corresponding therapy as recommended by the court-ordered alcohol/drug evaluation. You must also attend a court-designated victim impact panel. Ten (10) days in jail is the absolute minimum. It does not matter if your prior DUI conviction was twenty (20) years ago. There is no guarantee that the judge will impose the ten (10) day minimum. Most don't.
Obviously, the judge can impose more than ten (10) days in jail. The ten (10) days in jail is the minimum. The jail time is mandatory.
The judge must also impose from between sixty (60) and one hundred and twenty (120) hours useful public service and from between $500 and $1,500 in fines, in addition to court costs. Court costs usually amount to $500.
Twelve (12) points will be assessed to your driving record. Regardless of your age or your class of license, you will lose your license for one (1) year on a points suspension. If your prior DUI conviction is outside five (5) years of your previous DUI conviction, you may be able to petition for a restricted "red" license which requires no interlock device being placed on your vehicle. If your prior DUI conviction is within five (5) years of your previous DUI conviction, you will face a one (1) year revocation of your driving privilege. There is no lawful driving during this one (1) year revocation. Furthermore, you cannot reinstate your license until you drive one (1) additional year with an interlock device installed in your car. Again, the law permits no restricted driving during this first year even if your license revocation costs you your job, your career, your marriage, etc.
Finally, a second DUI constitutes a second habitual strike against your driving record. After three (3) major traffic violations within seven (7) years, the Department of Motor Vehicles must revoke your license for five (5) years.
You should seek a good defense attorney who may be able to help reduce the potential penalties in your case and help you retain your driving privileges. For a DUI conviction with a previous DWAI conviction at any time in your lifetime, a judge must impose from between seventy (70) days to one (1) year in jail. When your blood alcohol content is below 0.170 grams of alcohol, the law permits the judge to suspend all but seven (7) days in jail (which is the minimum) on condition that you complete and pay for a level II alcohol education program and the corresponding therapy as recommended by the court-ordered alcohol/drug evaluation. You must also attend a court-designated victim impact panel. The seven (7) days in jail is the absolute minimum. It does not matter if your prior DWAI conviction was twenty (20) years ago. There is no guarantee that the judge will impose the seven (7) day minimum. Most don't.
The judge must also impose from between fifty-six (56) and one hundred and twelve (112) hours of useful public service and from between $500 and $1,500 in fines. These are in addition to court costs which usually exceed $450.
Twelve (12) points will be assessed to your driving record. If your DUI conviction is outside five (5) years of your previous DWAI conviction, you will not face a one (1) year revocation of your driver's license. The law, however, will subject you to a one (1) year points suspension of your license. Therefore, you can petition for a restricted "red" license which requires no interlock device being placed on your vehicle. If your DUI conviction is within five (5) years of your previous DWAI conviction, you will face a one (1) year revocation of your driving privilege. There is no lawful driving during this revocation. You cannot even get a license with an interlock device. Again, the law permits no restricted driving even if your license revocation costs you your job, your career, your marriage, etc.
A repeat DUI conviction constitutes a second habitual strike against your driving record. After three (3) major traffic violations within seven (7) years, the Department of Motor Vehicles must revoke your license for five (5) years.
If your blood alcohol content exceeds 0.170 grams of alcohol, the judge cannot suspend all but the minimum seven (7) days. Instead, the minimum is again ten (10) days. In other words, the judge must sentence you to a minimum of ten (10) days in jail, even if this DUI conviction is 20 years after your previous DWAI. Obviously, the judge can impose more than ten (10) days in jail. The ten (10) days in jail is the minimum. The jail is mandatory. It does not matter if you are a single parent. It does not matter if you will get fired from your job. The judge must impose a minimum of ten (10) days in jail even if this is the first crime you have ever committed in your entire life since your previous DWAI.
DWAI: DWAI stands for driving while ability impaired. DWAI is defined as driving a vehicle after consuming alcohol and or drugs such that you were less able than you ordinarily would be, even to the slightest degree, to drive a vehicle with safety to yourself and to the public.
First DWAI Offense
For a first time DWAI conviction, a judge must impose from between two days to six months in jail. When your blood alcohol content is below 0.170 grams of alcohol, the law permits the judge to suspend all or part of the sentence on condition that you complete and pay for a level I or level II alcohol education program and the corresponding therapy as recommended by the Court ordered alcohol/drug evaluation.
You must also attend a court-designated victim impact panel. Even if your blood alcohol content is below 0.170 grams of alcohol, there is no guarantee that the judge will suspend the entire jail sentence. Some don't.
The judge must also impose from between twenty-four to forty-eight hours of useful public service and from between $100 to $500 in fines. The judge must impose fines as well as court costs. Court costs usually amount to $500.
Points Are Assessed for your Driving Record
Eight (8) points will be assessed to your driving record. If you are over twenty-one (21) or older, you will not lose your license on a one year points suspension unless you have four or more points within twelve consecutive months of the date you were charged with the offense. If so, you can petition for a restricted "red" license which requires no interlock device being placed on your vehicle.
If you are under twenty-one years old, your license will be revoked (independent of points) for one year. This one year revocation is mandatory even if this is your only traffic violation in your entire life. This revocation does not permit any kind of restricted driving.
Traffic points can add up against you, driving up your insurance rates, and jeopardizing your right to drive. Accumulating 12 points within a year or 18 points over two years will subject you to a suspension of your license. Do not jeopardize your right to drive. Our lawyers will fight to get the points on your case reduced and/or the charges dismissed.
If your license is suspended or revoked for a DWI, DUI, or multiple traffic violations, our firm can help you with the process of driver's license reinstatement. Driving on a revoked or suspended license can subject you to mandatory jail and an extension of your license revocation or suspension. Unfortunately, the process of license reinstatement can be a difficult, confusing, and time consuming process. We have significant experience handling driver's license appeal hearings at the Colorado Department of Motor Vehicles. Let us help you in your fight to get your driver's license back so you are can legally drive again.
To set up a free initial consultation with a DUI / DWI defense attorney, contact us online or call our law firm at 303-791-6500.
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Based in Douglas County, Castle Rock, Colorado, Michael T. Kossen, Attorneys at Law, serves clients in Denver, the Front Range, Parker, Littleton, Elizabeth, Kiowa, Colorado Springs, Highlands Ranch, Monument, Larkspur, Palmer Lake, and Aurora, including El Paso County, Douglas County, Elbert County, Arapahoe County, Denver County, Lincoln County, and Jefferson County. Castle Rock, Colorado is located in the heart of Douglas County and is the home of the Douglas County Combined Court.
| | The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Copyright © 2010 by Michael T. Kossen, P.C. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement. | |
