DUIs are never a pleasant experience. The embarrassment of being arrested, the shame of a mug shot while drunk, and the frustration of having to find a halfway decent lawyer who can get you out of the situation as fast as possible. The penalties for a DUI offense in Denver are also pretty bad, even for first-time offenders. Due to these reasons, one must avoid a situation or lifestyle where one drinks to the point where a DUI is a real possibility.
To keep you weary and from getting stuck in that situation, we’ve prepared a short guide on DUI penalties in Colorado. We’ve also mentioned some tips if you’re unfortunate enough to drive after drinking and be stopped for a DUI.
COLORADO DUI OFFENCES AND PENALTIES
DUI, or “Driving Under the Influence” is a misdemeanor crime in the state of Colorado. You are considered to be under the influence if your ability to operate a vehicle safely is substantially impaired. To be considered under the influence of alcohol, your blood alcohol level must be 0.8% or higher. The penalties for DUI depends on whether it’s your first, second, or third incident.Â
Under Colorado law, first DUI offenders are liable to a fine of $600 to $1000, jail time ranging from 5 days to 1 year, suspension of your driver’s license for up to 9 months, and 48 to 96 hours of community service. If it’s your second offense (your first offense doesn’t need to be in Colorado), then you can face more jail time lasting up to 1 year, a fine of up to $1500, a license suspension of one year, and up to 120 hours of community service. There’s also the added punishment of having an ignition interlock device installed in your car for two years after your license has been reinstated.
For your third offense, the punishment is the same as your second offense, except for the suspension period on your license which is increased to two years. Regardless of which offense it is, even your first, if your blood alcohol concentration is 0.15% or higher, then you’re going to be sentenced as a repeat offender. Such offenses are enough to take you to the court while facing many legal proceedings. Therefore, it’s wise to know about all prior drunk driving convictions to be on the safer side. You can learn them all through https://www.
The fourth offense is where the situation gets VERY serious. If you have the misfortune of being charged with a DUI for the fourth time in a city like Denver, then you’ll definitely need an experienced Denver DUI lawyer to fight your case. If charged for the fourth time, you’re looking at a fine that can go up to $500,000, 6 years in a Colorado state prison (which is lightyears from a pleasant experience), and 3-year mandatory parole.
NEVER REFUSE A BLOOD ALCOHOL CONCENTRATION TEST
You can’t refuse to take a breathalyzer test if you’re stopped by the police. In fact, when you get your license to operate any vehicle in Colorado, there’s a provision in the terms of law where you’re giving your express consent to being subjected to a breathalyzer test.Â
Refusing to take the test will result in an automatic 1-year suspension and once the time is up you don’t automatically get your license back. For the privilege, you’ll need to spend your own money to install an ignition interlock device in your car for 2 years. Oh, and your refusal to submit to the test could also be admitted as evidence when the case goes to trial, which it will if the police have reasonable cause to arrest you for DUI.Â
NEVER REPRESENT YOURSELF IN A COURT OF LAW
DUIs are a serious matter and you could be facing jail time if you’re not successful in your defense. You need to make sure you have an experienced lawyer to represent you in court and deal with legal formalities. You need to deal with the district attorney and decide on how to proceed with the case, comply with procedural requirements, submit documentation to the court, and go through an entire list of other formalities, in addition to living with the knowledge that you might be going to prison.
Just avoid all the stress, just hire an experienced lawyer who already knows their way around the entire process. If you’re looking for legal representation in Denver for a DUI matter, get in touch with M. Trent Trani & Associates, P.C. at tranicriminaldefense.com/dui/.Â
DON’T PUT TOO MUCH FAITH IN THE BLOOD ALCOHOL CONCENTRATION TESTÂ
Your blood alcohol concentration level, while a strong piece of evidence, is just the foundation stone for the DA to build their case on. The good news is that there are many ways to challenge a blood alcohol concentration test. Some of the factors which can cast doubt on the validity of a test include lab certifications, machine calibrations, was the blood extracted properly, was the breathalyzer properly sterilized from its last usage, whether the evidence was handled according to the procedure, etc.Â
If you have an experienced attorney as we mentioned above, they’ll be able to question your blood alcohol concentration test based on all of the above factors.Â
ENSURE YOUR BLOOD IS TESTED AT AN INDEPENDENT LAB
Under Colorado state law, if authorities administer a blood test for DUI purposes, then two vials of blood are to be collected. One vial is to be used by the DA in making their case against the accused while the other is preserved if the accused chooses to have their blood independently tested. You have to ensure that you exercise this option as even the difference of 0.3% in results can give your lawyer enough ammunition to question the evidence presented by the DA. If there is a difference in the results, you could end up having the charges reduced or even completely dismissed altogether.
CONCLUSION
While getting arrested for a DUI is a compromising situation and you should never drink irresponsibly, we hope the above are able to help if you ever do find yourself in a difficult situation. That being said, one should never drink and drive! Driving is not a right, but a privilege and that privilege should be earned and held with responsibility.
