What Is Considered A DUI In Colorado?

A driving under the influence (DUI) charge is a serious offense in the state of Colorado. It can carry significant consequences, including fines, license suspension, and even jail time. If you’ve been charged with DUI, it’s normal to feel overwhelmed and unsure of what to do next. Fortunately, we can help. Contact a Boulder DUI defense attorney today to schedule a consultation.

What is a DUI? 

In Colorado, “Driving under the influence” means driving a motor vehicle or vehicle when a person has consumed alcohol or one or more drugs, or a combination of alcohol and one or more drugs, that affects the person to a degree that the person is substantially incapable, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle. A person who drives a motor vehicle or vehicle when the person’s BAC is 0.08 or more at the time of driving or within two hours after driving commits DUI per se.

What is a DWAI?

“Driving while ability impaired” means driving a motor vehicle or vehicle when a person has consumed alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, that affects the person to the slightest degree so that the person is less able than the person ordinarily would have been, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.

Consequences for DUI Conviction in Colorado

If you are convicted of a first-time DUI, it is a traffic misdemeanor. You can be sentenced to the following:

• At least 5 days in jail up to one year. However, the judge has the discretion to suspend this mandatory 5-day sentence if you complete a drug and alcohol evaluation and education.
• Probation
• A fine of between $600 and $1,000
• Between 48 and 96 hours of community service
• 9-month driver’s license suspension
• 12 points assessed against your driving privilege

The potential penalties for DUI increase with second or subsequent convictions. 

Consequences for a DWAI Charge in Colorado

A first-time DWAI conviction is a misdemeanor and carries the following penalties: 

A minimum sentence of two days in jail, and up to 180 days. However, the judge has the discretion to suspend this sentence if you complete a drug and alcohol evaluation and education.

• A fine of up to $500
• Up to 48 hours of community service 
• 8 DMV points on your license

Repeat offenses can lead to more severe punishments and additional administrative repercussions.

Why Choose Dolan + Zimmerman?

At our law firm, we understand that you have a lot of options when it comes to choosing legal representation. Here’s what sets us apart from other firms:

• We are proud of our ability to get better outcomes for our clients than other attorneys can. How do we do it? We see and work with our clients differently than other attorneys do. We take the time to really get to know them and their individual cases so that we can create an effective strategy that suits their needs and goals.
• We pride ourselves on maintaining clear and frequent communication with each client. We want every client to be informed about their case and empowered to make the best decisions for themselves.
• We are selective in the cases we take on so we can give each of our clients the attention they deserve. By taking fewer cases, we are able to devote more time and effort to obtaining a favorable outcome for each client.

If you need help with a DUI or DWAI charge, contact us today to schedule a consultation.