Being arrested for DUI is a serious offense that can have significant consequences, including jail time, loss of driving privileges, and monetary fines.  It is imperative that anyone facing such a charge understand what challenges they will encounter.  Seeking the legal advice of a competent and experienced DUI attorney will help you understand all of your rights and options. 

What happens if I was arrested for DUI or DWAI?
Under Colorado law, you can be charged with Driving While Ability Impaired (DWAI) or Driving Under the Influence (DUI).  A DWAI violation results when the offender’s blood alcohol content (BAC) is at least 0.05, but less than 0.08, while a DUI violation results when the offender’s BAC is 0.08 or higher. 

Once you have been cited for violating the DUI statute, the state initiates two simultaneous, yet separate legal actions against you.  The Criminal Action is in response to the ticket that was issued to you, while the Administrative Action is brought against your driver’s license by the Colorado Department of Revenue.  While both actions can result in the suspension of your driving privileges, it is important to remember that there may be additional penalties to consider and each action must be handled separately. 

Administrative Hearing
Pursuant to Colorado law, an individual has 7 days to request a hearing to challenge a notice of revocation from the Department of Revenue.  In order to preserve your right to an Administrative Hearing, it is crucial that you submit your request to the Department of Revenue within 7 days.     

DWAI Penalties for First Time Offenders

Jail Time
A first time DWAI offender faces a minimum mandatory imprisonment of 2 days, with a maximum of up to 180 days.

Monetary Fines
Fines for a first time DWAI can be range between $100.00 and $500.00.

Driving Privileges
A DWAI conviction results in the revocation of driving privileges for 3 months.

Public Service
Upon the court’s assessment, a first time DUI offender must complete 24 to 48 hours of community service. 

DUI Penalties for First Time Offenders

Jail Time
A first time DUI offender faces a minimum mandatory imprisonment of 5 days, with a maximum of up to 1 year, however in some cases, the minimum mandatory jail time can be reduced if the offender agrees to attend an alcohol treatment program. 

Monetary Fines
Fines for a first time DUI can be range between $300.00 and $1,000.00, plus court costs of up to $500.00.

Driving Privileges
A DUI conviction results in the revocation of driving privileges for 3 months, however after 30 days, the offender may be eligible for a Probationary Driver’s License.

Public Service
Upon the court’s assessment, a first time DUI offender must complete 48 to 96 hours of community service.

Chemical Test Refusal
Refusing to submit to a test when requested by law enforcement will result in the revocation of driving privileges for 1 year. 

Commercial Drivers
Commercial drivers are in violation of the DUI statute with a BAC of 0.04.  A first time DUI conviction will result in the loss of the commercial driver’s license for 1 year.

Alcohol Evaluation
Successful completion of an alcohol and drug remedial education program is required for reinstatement of driving privileges.     

DUI Subsequent Offenses
Penalties are increasingly more severe for any additional DUI violations.  Due to the complexity of DUI laws, you may not be aware of your rights and the potential defenses available to your case.  An experienced and competent attorney can guide you through this emotionally challenging process.  Please contact a lawyer for an immediate, free consultation.