Getting arrested for drunk driving in Colorado can be overwhelming, especially if it’s your first DUI charge. You may be unsure about what happens next, what penalties you could face, or how to defend yourself in court.
Understanding Colorado DUI laws and taking the right steps early on can make a big difference in the outcome of your case. This guide will break down what to do immediately, the legal process, potential penalties, and how a DUI attorney in Denver can help protect your rights.
Key Takeaways
- Act Fast: Requesting a DMV hearing and hiring an experienced DUI attorney as soon as possible can significantly impact the outcome of your first-time DUI charge in Colorado.
- Legal Penalties: A DUI conviction can lead to probation, community service, fines, mandatory alcohol education classes, and even jail time.
- Long-Term Consequences: Beyond the immediate penalties, a drunk driving conviction stays on your record permanently, potentially affecting employment opportunities and causing higher insurance rates.
Colorado Driving Under the Influence Laws for First Offenses
A first-time DUI is a serious offense in Colorado, and navigating the legal system starts with understanding the basics of Colorado DUI laws. The state recognizes two types of DUI charges:
- Driving Under the Influence (DUI): Charged when a person is substantially incapable of safely operating a vehicle due to alcohol, drugs, or a combination of both.
- Driving Under the Influence Per Se (DUI Per Se): Charged when a driver’s blood alcohol concentration (BAC) is 0.08% or higher, regardless of their actual driving behavior.
Both offenses carry the same penalties, and if convicted of both, they merge into a single sentence.
When it comes to DUI charges, knowing the legal blood alcohol concentration (BAC) limits is crucial:
- 0.08% or higher – Legal limit for drivers 21 and older (DUI Per Se).
- 0.04% or higher – Limit for commercial drivers.
- 0.02% or higher – Limit for drivers under 21 (Underage DUI).
Many people assume that a DUI charge only applies if their blood alcohol concentration (BAC) is 0.08% or higher, but that’s not the case in Colorado. Even with lower BAC levels, you can still be charged if you show signs of impairment, such as slurred speech or poor coordination.
Colorado’s DUI laws also apply to more than just cars and trucks—bicycles and other non-motorized vehicles can fall under DUI regulations, though the DMV penalties may be different. Additionally, you don’t have to be driving recklessly to be convicted of DUI or DUID (Driving Under the Influence of Drugs). Even if you were following all traffic laws, you could still face serious legal consequences if found to be impaired.
One lesser-known aspect of Colorado DUI law is the idea of “actual physical control.” This means you don’t have to be driving to be charged with a DUI—just having the ability to operate the vehicle is enough. For example, if you’re sitting in the driver’s seat with the keys in the ignition or within reach, you could still face DUI charges, even if the car isn’t moving.
What to Do After a Driving Under the Influence Citation
If you’ve been charged with a DUI offense, what you do in the next few days can have a huge impact on your case. Taking the right steps immediately can help protect your driving privileges and improve your chances of a favorable outcome.
1. Request a DMV Hearing Immediately:
One of the most urgent steps after a DUI charge is requesting a DMV hearing to challenge your driver’s license suspension. In most cases, you only have seven days from the date of your citation or arrest to request this hearing. If you miss the deadline, your license will be automatically suspended. This hearing is important because it determines whether you can keep your driving privileges while your case is pending. It also provides an opportunity to challenge the legality of your traffic stop and the law enforcement officer’s actions. A skilled DUI attorney can use this hearing to uncover key details that may strengthen your defense.
2. Hire an Experienced Denver DUI Attorney:
After a first-time DUI, hiring an experienced Denver DUI attorney should be your top priority. DUI laws in Colorado are complex, and an attorney who specializes in DUI defense can make a big difference in the outcome of your case. Not all attorneys have the right experience. Some may encourage you to plead guilty rather than fight for a better outcome. You need a DUI attorney with trial experience who understands Colorado DUI law inside and out.
A knowledgeable DUI attorney will:
- Explain your legal options and answer all your questions
- Challenge the evidence and fight to reduce or dismiss charges
- Represent you in court and at your DMV hearing
- Work to minimize penalties, including fines, license suspension, and jail time
Get Legal Help from The Moloney Law Firm:
Even attorneys know to hire a criminal defense lawyer if they face a DUI charge—so don’t try to handle it alone. Bradley Moloney of The Moloney Law Firm has the experience and knowledge to defend DUI cases in Denver and across Colorado. Call him today for a free consultation at (720) 719-0850.
First Time DUI Penalties
A first time DUI in Colorado is classified as a misdemeanor, but can have serious consequences. The legal penalties can include jail time, fines, community service, alcohol education and therapy and an ignition interlock device. Understanding these DUI penalties is key for anyone facing a DUI in Colorado, also known as Driving While Intoxicated/Impaired or DWI offense in other states. This helps you prepare for what’s to come and why it’s important to build a strong DUI defense.
In Colorado, DUI penalties come from two separate legal processes:
- Criminal penalties (handled in court)
- Administrative penalties (imposed by the DMV)
The criminal penalties for a first time DUI in Colorado can be steep. Jail time can be 5 days to 1 year and fines can be $600 to $1,000. Even the mandatory minimum sentence for most first timers (if the BAC from the blood test or breath test is below 0.20%) is 5 days in jail. Prior offenses or a BAC above 0.20% come with more significant consequences and can require a mandatory minimum sentence of jail time.
The administrative penalties for a first-time DUI in Colorado can also be severe. A 9-month license suspension is typically imposed, and reinstatement may require you to pay significant fees. Additionally, you may be required to install an Ignition Interlock Device (IID), which requires a breath test before your vehicle will start. If your BAC is 0.15% or higher or you refuse a chemical test, you could face longer IID requirements and more restrictions. If classified as a Persistent Drunk Driver (PDD), you may need to install an IID for up to two years and complete Level II alcohol education.
Below is a breakdown of the potential charges and penalties for a first-time DUI in Colorado:
| DUI FIRST: SENTENCING | |||||
|---|---|---|---|---|---|
| BAC | Jail Time | Probation Term | Fine | Mandatory Community Service Hours | License Revocation Term |
| <= 0.20% | 5 days – 1 year | Up to 2 years | $600 – $1,000 | 48 – 96 hours | 9 months |
| > 0.20% | 10 days | Up to 2 years | $600 – $1,000 | 48 – 96 hours | 9 months |
While the sentencing outcomes (probation, fines, community service, license suspension and revocation) for first time DUI’s below and above 0.20% look similar on the surface, they’re not because the jail time can be different.
- If your BAC is over 0.20%, a mandatory jail sentence applies, along with fines, probation, education programs, and community service. The judge can allow in-home detention instead of jail, but cannot waive the 10-day minimum jail sentence.
- If your BAC is below 0.20%, the judge may decide to suspend jail time if you complete a drug/alcohol evaluation and education.
Long Term Consequences of a DUI conviction
A DUI conviction can have long-lasting effects beyond the immediate legal consequences, impacting your personal, professional, and financial life.
Criminal Record: A DUI conviction creates a permanent mark on your record, which can impact future job opportunities and may affect your ability to travel internationally, as some countries deny entry to individuals with a criminal background.
Job Limitations: Losing your driver’s license can restrict your ability to work, especially for jobs that require driving. Additionally, many employers conduct background checks and may avoid hiring candidates with a DUI, particularly in roles requiring trust or safety.
Transportation Challenges: A suspended driver’s license means depending on others for rides, complicating job logistics and daily life.
Financial Impact:
- Higher auto insurance premiums (up to three times the normal rate).
- Costs for alcohol education programs.
- Additional costs for hiring a DUI attorney, though minor compared to the long-term consequences of a DUI conviction.
Personal Relationships: The stigma of a DUI can strain relationships, erode trust, and cause personal tension.
Increased Insurance Costs: Even after reinstating your license, your insurance premiums can remain high for years, and you may be required to maintain an SR-22.
Court Legal Process
Arraignment: The arraignment is usually the first court appearance following a citation for a DUI. At this hearing, the defendant chooses which plea to enter (plead guilty, not guilty, or no contest). Potential penalties associated with the DUI charge may also be discussed. After the arraignment the defense attorney may file pre-trial motions to challenge evidence or seek other legal remedies.
Pre-Trial: Pre-trial hearings and motions are an important tool for DUI defense attorneys. Pre-trial motions can challenge the legality of the stop and contest discrepancies in police reports. Often such motions challenge the stop and detention of the driver under the United States and Colorado Constitutions. Successfully leveraging pre-trial motions can significantly impact the outcome of the criminal case. They are key to shaping your case and can result in the suppression of evidence or even dismissal of charges.
Trial: The trial process for a first time DUI charge involves various legal proceedings where evidence (in the form of testimony and otherwise) is presented. If the defendant is found not guilty the case is over and cannot be prosecuted further. However, if the defendant is found guilty the case will be heard by the judge for sentencing.
Sentencing: The actual sentence imposed will depend on the facts of the case. Facts such as a high BAC or traffic accident, as well as other aggravating factors, can increase the penalties imposed. In addition to the fine the court will also order the defendant to pay court costs.
Defending Your Case in Court
Building a strong defense is key when facing a criminal DUI charge. Consult with a DUI defense attorney as soon as possible to understand your rights and options. Challenging the DA’s evidence is key to navigating the legal system and protecting yourself. It’s the foundation of any good DUI defense. Prosecutors rely on police officer testimony and other evidence including Standardized Field Sobriety Tests (SFST’s) and BAC results (or refusals). Field Sobriety Tests can be challenged for being subjective and influenced by external factors. A BAC can be challenged by an experienced lawyer for many reasons. Understanding the limitations and flaws in these tests is important for building a strong defense against your charges. A defense attorney will review the evidence and look for law enforcement officer procedural errors made during the investigation.
Sometimes building a defense involves presenting witnesses (including experts) to the jury. Witness testimony can strengthen your defense by providing context to the charge. Types of witnesses include character witnesses who can speak to your behavior and reputation and eyewitnesses who can testify to the events leading up to the arrest. Expert witnesses who can speak to scientific or technical flaws in the testing or investigation are also helpful.
Prevention
Preventing future DUI and DUID cases is a combination of education and safe driving practices. Planning ahead for transportation can reduce the likelihood of making an impulsive decision to drive after drinking. Education and awareness of the consequences of DUI can help prevent future offenses. Safe driving practices and informed choices when drinking can keep you out of DUI trouble in the future.
Alcohol education classes are designed to help individuals understand the effects of alcohol, the laws surrounding its use and the consequences of DUI offenses. Completing these classes can help individuals understand the legal limit for BAC and the responsibilities that come with alcohol consumption. Completing an alcohol education class may reduce penalties.
Safe driving habits can prevent DUI convictions and keep roads safe. Designated drivers and avoiding distractions are effective ways to drive safe. Designated drivers get everyone home safe after drinking. Being proactive in safe driving habits not only helps you avoid driving under the influence charges but the community as well.
Hiring The Moloney Law Firm – Your Denver DUI Attorney
The Moloney Law Firm is located in Denver, Colorado. Anyone charged with a first offense or subsequent offenses in the State of Colorado should seek the expert legal advice offered by The Moloney Law Firm. The firm offers complimentary consultations because we are confident in our ability to provide outstanding legal representation.
Bradley Moloney is a Denver DUI lawyer. He is an experienced attorney with a background of 16+ years of criminal law and litigation. He has extensive experience as a former prosecutor and a deep understanding of DUI cases. He knows how to defend those charged with a DUI offense in Colorado. Selecting The Moloney Law Firm can make a big difference in your DUI case by providing the expert legal representation you need.
Frequently Asked Questions
The legal Blood Alcohol Concentration (BAC) limit for DUI offenses in Colorado is 0.08% for drivers aged 21 and older. For commercial drivers, the limit is stricter at 0.04%. Drivers under the age of 21 are subject to a zero-tolerance policy, with a BAC limit of 0.02%.
Request a DMV hearing within 7 days and hire a specialized DUI attorney like The Moloney Law Firm as soon as possible to protect your rights and future.
For a first-time DUI offense in Colorado, the penalties can be severe and include a jail sentence ranging from 5 days to 1 year, depending on the circumstances. Fines can range from $600 to $1,000, and offenders may be placed on probation for up to 2 years. In addition, 48 to 96 hours of community service may be required, and a 9-month driver’s license suspension will typically be imposed. An ignition interlock device (IID) may also be mandatory, which requires the driver to pass a breath test before the vehicle can start. Penalties can be more severe if the offender’s BAC is above 0.20% or if there are any prior offenses.
To challenge evidence in a DUI case, work with a skilled DUI defense attorney to review the field sobriety tests and BAC results for any errors or flaws. Your attorney will investigate whether proper procedures were followed, looking for issues with the tests or equipment. If any defects are found, they may file motions to suppress or dismiss the evidence, potentially weakening the case against you.
Automatic 7 day suspension if you don’t request a hearing. The court can also suspend your license if you lose at that hearing or are convicted of a DUI in court.
A DUI conviction will increase your insurance rates, possibly tripling them, and may require you to buy SR-22 insurance.
Summary
In conclusion, a first-time DUI conviction in Colorado can lead to serious legal and personal consequences, including jail time, fines, probation, community service, and mandatory ignition interlock device installation. The impact can extend beyond the courtroom and the DMV, affecting your criminal record, job opportunities, insurance rates, and personal relationships. Understanding the penalties and taking immediate action, like requesting a DMV hearing and hiring a skilled DUI attorney, can make all the difference in your defense. If you’re facing a DUI charge, it’s crucial to act quickly and consult with an experienced professional like The Moloney Law Firm to navigate the complex legal process and minimize the long-term effects. Remember knowledge is power and being informed is your best defense.
The information provided above is not to be considered legal advice. No webpage can be relied on as such, as laws change and the circumstances surrounding your individual situations can change everything. The Moloney Law Firm is located in Denver, Colorado. Bradley Moloney is a highly experienced Colorado DUI lawyer with extensive trial experience. Call for a FREE Consultation (for actual legal advice) on your case – The Moloney Law Firm can be reached 24/7 at (720) 719-0850.
