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Michael T. Kossen, P.C.
107 Wilcox, Ste. 200 Castle Rock, CO 80104 (303) 791-6500 Facsimile: (303) 791-8393 Map and Direction |   |
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| Charge | Statute | Penalty | Fine | Points | Sentencing Alternatives | License Susp. |
| 1st DUI, DUI per se, Habitual User | 42-4-1307(3)(a), C.R.S. | 5 days--1 year, the court can suspend all jail with alcohol evaluation, Level I or II and monitored abstinence for one year; 48-96 hours of Useful Public Service; and up to 2 years probation. | $600-$1000 | 12 | Sentencing Alternatives such as general work release and in home detention permitted for entire sentence | 9 month revocation; Interlock license eligible |
| 1st DUI, DUI per se at .20 BAC or above | 42-4-1307(3)(a), C.R.S. | 10 days--1 year, the court cannot suspend the 10 days, 48--96 hours of Useful Public Service; and up to 2 years probation. | $600-$1000 | 12 | Sentencing Alternatives, such as work release and in home detention permitted for entire sentence. | 9 month revocation; Interlock license eligible |
| 1st DWAI | 42-4-1307 (4), C.R.S. | 2-180 days jail, the court can suspend all jail with alcohol evaluation, Level I or II and monitored abstinence for one year; 24-48 hours Useful Public Service; and up to 2 years probation. | $200-$500 | 8 | Sentencing Alternatives, such as work release and in home detention permitted for entire sentence. | No automatic suspension or revocation |
| 1st DWAI at .20 BAC or above | 42-4-1307(4)(a), C.R.S. | 10 days--1 year, the court cannot suspend the 10 days. 24-48 hours of Useful Public Service; and up to 2 years probation. | $200-$500 | 8 | Sentencing alternative such as general work release and in home detention permitted for entire sentence. | No automatic suspension or revocation |
| DUI, DUI per se, Habitual User, DWAI and within 5 years has one prior conviction for ; DUI, DUI per se, DWAI, Habitual User, Vehicular Homicide (based on under the Influence), Vehicular Assault (based on under the influence), Felony HTO (based on DUI or DWAI) or DUR (Alcohol Related) | 42-4-1307(5)(a) and (5)(b) | 10 days--1 year, the court cannot suspend the 10 days. For the 10 days: must be served consecutive, no earned time, no good time, no trustee prisoner status; 48--120 hours of Useful Public Service; 2 to 4 years probation, 2 years is mandatory to commence at the start of the sentence -- condition of 1 year suspended jail required(if imposed no credit to be given for any period of imprisonment previously served), condition of Level II treatment program required. | $600-$1000 | Varies | No sentencing alternatives such as general work release and in home detention, permitted for the minimum mandatory jail except for general work release IF the county has such a program and at the time of sentencing defendant was employed, enrolled in school, or enrolled in Level II treatment. DAy for day creidt is not permitted for any sentence to a county jail alternative program. | 1 year revocation |
| DUI, DUI per se, Habitual User, DWAI and within his/her lifetime has one prior conviction for ; DUI, DUI per se, DWAI, Habitual User, Vehicular Homicide (based on under the Influence), Vehicular Assault (based on under the influence), Felony HTO (based on DUI or DWAI) or DUR (Alcohol Related) | 42-4-1307(5)(a), C.R.S. | 10 days--1 year, the court cannot suspend the 10 days. For the 10 days: must be served consecutive, no earned time, no good time, no trustee prisoner status; 48--120 hours of Useful Public Service; 2 to 4 years probation, 2 years is mandatory to commence at the start of the sentence -- condition of 1 year suspended jail required (if imposed no credit to be given for any period of imprisonment previously served), condition of Level II treatment program required. | $600-$1000 | Varies | Sentencing alternatives such as general work release and in home detention permitted for entire sentence. Day for day credit is not permitted for any sentence to a county jail alternative program. | Varies. |
| DUI, DUI per se, Habitual User, DWAI and within his/her lifetime has two or more prior convictions for ; DUI, DUI per se, DWAI, Habitual User, Vehicular Homicide (based on under the Influence), Vehicular Assault (based on under the influence), Felony HTO (based on DUI or DWAI) or DUR (Alcohol Related) | 42-4-1307(6)(a), C.R.S. | 60 days--1 year, the court cannot suspend the 60 days. For the 60 days: must be served consecutive, no earned time, no good time, no trustee prisoner status; 48--120 hours of Useful Public Service; 2 to 4 years probation, 2 years is mandatory to commence at the start of the sentence -- condition of 1 year suspended jail required (if imposed no credit to be given for any period of imprisonment previously served), condition of Level II treatment program required; up to 4 years probation permitted. | $600-$1000 | Varies | No sentencing alternatives such as general work release and in home detention, permitted for the minimum mandatory jail except for general work release IF the county has such a program and at the time of sentencing defendant was employed, enrolled in school, or enrolled in Level II treatment. Day for day credit is not permitted for any sentence to a county jail alternative program. | Varies |
| Baby DUI under 21 | 42-4-1301(a.5)(I) | $100/Class A Traffic Infraction/24 hours community service/alcohol education and treatment program | 4 | Not applicable. | 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 0.20 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 0.20 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 a fine between $600 and $1,000. The judge must impose fines as well as court costs. Court costs usually amount to approximately $500 in addition to the fine. The court will also impose a probation supervision fee for supervised probation that is an addition $50 per month.
Twelve (12) points will be assessed to your driving record. If you are over 21 years of age and have not already been otherwise revoked for a "per se" revocation, you will lose your license for up to 9 months based on this conviction. You will be eligible to obtain an early reinstatement of your driving privileges with an interlock device, as discussed elsewhere in this website, if you meet other early reinstatement requirements. If you are under twenty-one years old, your license will be revoked for one (1) year based on this conviction. 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 for the minor or provisional driver.
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 0.20 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. You may, however, be able to obtain sentencing alternatives, such as in-home detention or work release on a 1st offense. It is important that you have strong representation in order to convince the Court that such a sentence alternative is appropriate in your case.
Second DUI or DWAI Offense
When an individual with a previous DUI or DWAI conviction obtains another DUI or DWAI conviction the court must impose between ten (10) 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. The 10 days must be served as a consecutive 10 days. In the event your first conviction happened within 5years of your current offense, the court is not allowed to impose in-home detention, but may impose a work release sentence if you qualify. If your prior conviction occured over 5 years before your current offense you may qualify for in-home detention or work release. It is imperative that you have strong representation and counsel to present the best possible case for a lower jail sentence and/or for sentencing alternatives different then straight county jail time. Remember, the 10 day is mandatory. A judge, however, can impose a sentence far in excess of 10 days and can go up to 1 year on a second offense. You are at great risk, therefore, of receiving a lengthy sentence in the event you do not have effective representation and counsel regarding how to prepare for your case. Do not go before the judge alone!
The judge must also impose from between forty-eight (48) to one hundred and twenty (120) hours of useful public service and between $600 and $1,000 in fines, in addition to court costs. Court costs usually amount to $500. Probation supervision fees also add approximately $50 per month to the costs of your case.
Twelve (12) points will be assessed to your driving record and you will face additional restraints on your driving privileges.
Finally, a second DUI constitutes a second habitual strike against your driving record. After three (3) habitual violations within seven (7) years, the Department of Motor Vehicles must revoke your license for five (5) years.
The attorneys of Michael T. Kossen, P.C. will make every reasonable effort to help reduce the potential penalties in your case and help you retain or restore your driving privileges.
Third DUI or DWAI Offense
When an individual has two or more prior convictions for DUI or DWAI and obtains another DUI or DWAI conviction the court must impose between sixty (60) days to one (1) year in jail. Regardless of your blood alcohol content, the law permits the judge to suspend all but ten (60) 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. The 60 days must be served as a consecutive 60 days. The court is not allowed to impose in-home detention, but may impose a work release sentence if you qualify. It is imperative that you have strong representation and counsel to present the best possible case for a lower jail sentence and/or for sentencing alternatives different then straight county jail time. Remember, the 60 day is mandatory. A judge, however, can impose a sentence far in excess of 60 days and can go up to 1 year on a third or subsequent offense. Most judge's view a third offense as being significantly aggravated and many start with a 1 year jail sentence unless you can present information to support a lesser sentence. You are at great risk, therefore, of receiving a lengthy sentence in the event you do not have effective representation and counsel regarding how to prepare for your case. Do not go before the judge alone!
The judge must also impose from between forty-eight (48) to one hundred and twenty (120) hours of useful public service and between $600 and $1,000 in fines, in addition to court costs. Court costs usually amount to $500. Probation supervision fees also add approximately $50 per month to the costs of your case.
Twelve (12) points will be assessed to your driving record and you will face additional restraints on your driving privileges.
Finally, a third or greater DUI constitutes a habitual strike against your driving record. After three (3) habitual violations within seven (7) years, the Department of Motor Vehicles must revoke your license for five (5) years.
The attorneys of Michael T. Kossen, P.C. will make every reasonable effort to help reduce the potential penalties in your case and help you retain or restore your driving privileges.
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 0.20 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 0.20 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 $200 to $500 in fines. The judge must impose fines as well as court costs. Court costs usually amount to $500. In addition, monthly probation supervision fees are an additional $50 per month on top of the fines and costs assessed by the court.
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 probationary 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 DWAI, 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 in assisting driver's in restoring their driving privileges. 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 / DWAI defense attorney, contact us online or call our law firm at 303-791-6500.
We accept all major credit cards.
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 Adams County, 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 © 2012 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. | |
