If you are arrested for drunk driving, it is critical that you gain an understanding of the Colorado DUI laws (also known as Colorado DWI laws)that will be used to prosecute your case. As with most things in life, knowledge is power. Understanding the Colorado DUI laws will enable you to know what is coming, and it will help you to locate Colorado DUI lawyers that are experts in their field. As with the DUI laws in most other states, the Colorado DUI laws will create two cases when you are arrested for a DWI: a driver’s license case with the DMV, and a criminal prosecution.
On the DMV portion of the case, you have no more than seven days from the time of the arrest to request a hearing with the Colorado DMV. If you do not request a hearing within seven days, your driver’s license will automatically be suspended. If you do request a hearing, you may fight the suspension of your license in the hearing which will be held within 60 days. Yes, your license will not be suspended during this waiting period.
Under the Colorado DUI laws, the state may prosecute you based upon Driving Under the Influence (DUI) or Driving While Ability Impaired (DWAI). With the DUI, the state must prove that your blood alcohol level was at or above .08%. For the DWAI, the state must simply prove that your blood alcohol was .05% or greater.
If you are arrested for drunk driving, the Colorado DUI laws may rely on either one of two legal theories. In the first one, the state must prove that your driving ability was impaired due to the consumption of alcohol or drugs. In the second, you are guilty of a DWI “per se” if the tests prove that your blood alcohol level was above the legal limit. With the “per se” theory, it does not matter if the alcohol imapired your ability to drive safely.
Under Colorado DUI laws, the severity of the penalties that are imposed for drinking and driving in Colorado rises with each offense. For your first DUI conviction, you will likely face 5 days to one year in jail. You will be fined $300 to $1,000. You may be required to perform community service work for two to four days, and your driver’s license may be suspended for up to one year.
For your second conviction for drunk driving, you may be sentenced to prison for 90 days to one year. Your fine will be between $500 and $1,500. You may be required to perform community services for 60 to 120 hours, and your driver’s license can be suspended for one year.
Penalties for DWAI offenses are slighly smaller.
If you are arrested for drinking and driving, it is imperative that you contact some Colorado DUI lawyers as quickly as possible.