Driving under the influence (DUI) is a serious offense in Colorado, carrying significant legal and financial consequences. Understanding the state’s blood alcohol content (BAC) limits, associated penalties, and potential defense strategies is crucial for anyone facing such charges.
Colorado’s BAC Limits
In Colorado, drivers are considered impaired and can be charged under the following BAC thresholds:
- Driving Under the Influence (DUI): A BAC of 0.08% or higher constitutes DUI per se, meaning impairment is presumed. (Colorado Revised Statutes § 42-4-1301)
- Driving While Ability Impaired (DWAI): A BAC between 0.05% and 0.079% can result in a DWAI charge, indicating the driver’s ability is impaired to the slightest degree.
- Marijuana Impairment: For marijuana users, having 5 nanograms or more of delta-9 THC per milliliter of blood can lead to DUI charges.
These standards are detailed in the Colorado Drunk Driving Laws Summary.
Penalties for DUI and DWAI in Colorado
The consequences for DUI and DWAI offenses vary based on the number of prior offenses and the specifics of the incident:
First DWAI Offense:
- Minimum 2 days to 180 days in jail
- Fines ranging from $200 to $500
- 24 to 48 hours of community service
First DUI Offense:
- Minimum 5 days to 1 year in jail
- Fines between $600 to $1,000
- 48 to 96 hours of community service
- 9-month license revocation
Second Offense (DUI or DWAI):
- 10 days to 1 year in jail
- Fines from $600 to $1,500
- 48 to 120 hours of community service
- 1-year license revocation
- Mandatory ignition interlock device installation for 2 years upon license reinstatement
Third and Subsequent Offenses:
- 60 days to 1 year in jail
- Fines between $600 to $1,500
- 48 to 120 hours of community service
- 2-year license revocation
- Extended ignition interlock device requirements
For a comprehensive breakdown, refer to the Colorado Drunk Driving Laws Summary.
Recent Legislative Changes
As of 2024, there have been notable updates to Colorado’s DUI laws:
- Enhanced Ignition Interlock Requirements: Legislation has been introduced to extend the duration of ignition interlock device mandates, especially for repeat offenders and those who refuse chemical testing. This measure aims to reduce repeat offenses by approximately 70% during the period the device is installed. (Colorado General Assembly)
- DRIVES System Upgrade: The Colorado Division of Motor Vehicles (DMV) is undergoing an extensive 18-month upgrade to its DRIVES system, scheduled from July 1, 2024, through March 31, 2026. This upgrade may impact the processing of DUI-related administrative actions. (Colorado DMV)
Legal Defense Strategies
If you’re facing DUI charges in Colorado, several defense strategies might be applicable:
- Challenging the Traffic Stop: Argue that the initial stop lacked reasonable suspicion or probable cause, making any subsequent evidence inadmissible.
- Questioning Field Sobriety Tests: Highlight that these tests can be subjective and influenced by factors like medical conditions or environmental conditions.
- Disputing BAC Results: Address potential inaccuracies in breathalyzer or blood tests due to improper calibration, maintenance issues, or procedural errors.
- Rising BAC Defense: Assert that your BAC was below the legal limit while driving but increased to an illegal level by the time the test was administered.
- Necessity Defense: Claim that you had no reasonable alternative but to drive, such as in emergencies.
Protecting Your Rights and Future
Facing a DUI charge in Colorado is a serious matter with potentially severe consequences. Understanding the state’s BAC limits, the penalties associated with DUI and DWAI offenses, recent legislative changes, and viable defense strategies is essential.
The best way to protect your rights is to seek legal representation. A DUI conviction can impact your driving privileges, employment, and even future background checks. Working with an experienced attorney, such as Brian Boal at Boal Law Firm, ensures that you receive the best possible defense and understand the legal options available to you.
If you or a loved one are facing DUI charges, contact Boal Law Firm today for a consultation and legal guidance on your case.