In Colorado, about 60 people are arrested on a daily basis for driving impaired. Alcohol affects everyone differently, and many factors can affect a person’s Blood Alcohol Content (BAC). If you have been arrested and charged with the criminal violation of driving under the influence (DUI), you should consult an experienced attorney to help you with your case. Below is some helpful information.
What is a DUI conviction?
There are several different types of drunk driving related charges, or charges relating to driving while under the influence of other drugs. It is important to understand what charges you face, or what charge you have been convicted of.
In order to be arrested for DUI in Colorado, the motorist must be under the influence of alcohol or drugs. If a person is driving under the influence of alcohol, they must have a BAC above .08 percent while operating a vehicle.
The state of Colorado recognizes express consent. That means that if a police officer suspects that a motorist is operating a vehicle while impaired by alcohol or drugs, they are permitted to submit that individual to a test because the motorist has already consented.
If a person refuses to take any test administered to determine the BAC, then that refusal will be admitted into evidence at trial. The person may also be subject to administrative penalties, including a one-year license suspension or revocation.
1. First-time offender
If an individual has been convicted of DUI, and is a first-time offender, Colorado traffic laws provide specific penalties, some of which a judge must impose and others that a judge has the discretion to impose.
In order to be considered a first-time offender under the laws in Colorado, a person cannot have any previously related convictions in Colorado, or in any other state or U.S. jurisdiction.
2. Penalties
Under Colorado state laws, a first-time offender could face a jail term between five days and one year. However, as with most cases, a judge will look to many factors when sentencing a first- time offender for DUI. For example, if the person’s BAC was measured to be under 0.20, the judge presiding over the case can suspend that jail sentence. However, the individual is required to comply with other requirements. The first-time offender must receive a presentence alcohol and drug evaluation. They must also abstain from the use of alcohol for at least one year from the date of sentencing, which may be monitored.
Additionally, the individual may be required to pay a fine between $600 to $1000. Also, the court may impose that the first-time offender perform between 48-96 hours of public service. The person will also have a record of conviction and 12 penalty points on their Colorado traffic record.
The judge also has the discretion to impose additional penalties, like requiring the person to use an ignition interlock device.
Learn More by Contacting a Skilled DUI Defense Attorney
There are many factors to consider when facing a DUI conviction. At the Moorhead Law Group, we will fight hard to protect your rights. We invite you to schedule a consultation, at no cost to you, by calling our Boulder, Colorado office at 303-586-6912.