Archive for category DWAI Colorado

Written by: Bill Peters

Driving under the influence of alcoholic beverages, chemical substances or controlled substances can result in the conviction of DUI.  Colorado law states you are in direct violation if your blood alcohol content (BAC) is .08% or higher.  However, Colorado law, unlike some other states, says that a person is still in violation if their blood alcohol is between .05% and .0799% BAC, resulting in a Driving While Ability Impaired (DWAI).

Every DUI/DWAI case is different, so penalties are mandated based on the specific circumstances, including a person’s BAC at the time of arrest and prior offenses, but the state of Colorado does have minimum and maximum penalty limits.  A person should know, however, that DUI/DWAI laws may or may not apply if there is a violation of the rights during their arrest or police station stay.

There are some very important things a person should know about know the consequences of a Denver DUI.  First and foremost on people’s minds involves their driver’s license.  After a DUI arrest a person’s license is revoked 7 days later, meaning a person has a very short time period to contest the revocation if they believe it should be reinstated, and can be done by going to the Colorado Department of Revenue.

A first-time offense will face a driver’s license loss for a time period from 30 days to a year, with no possibility of a getting an early license renewal.  Fines, on top of the revoked license, can range from $300 to $1,000.  Jail time, as well, may be ordered, and could be anywhere from 5 days to a year, with community service, alcohol education classes and probation as other options.  Treatment, as deemed fit, may be able to replace jail time.

A second-time offense has a couple different consequences based on the time period from a person’s first DUI offense.  If the offense has been more than five years since the first conviction, then the consequence is a license revocation for 180 days to one year without the possibility of early hardship license reinstatement.  Most repeat offenders are ordered to go to alcohol education classes, as well.  If the second offense happens within five years of the first offense, however, the consequences are greater.  A person is then looking at a five-year license revocation and mandatory jail time of at least 10 days, with completion of DUI education required in accordance of Colorado DUI laws.  We recommend seeking the help of a Denver DUI attorney or a Denver law firm who works with on many DUI cases to make sure you do not receive the maximum punishment.