If you enjoy having drinks while out with friends and typically drive yourself home, you should be aware of the Colorado DUI & DWAI laws, fines, & penalties. And if you are ever charged with a DUI or DWAI charge, our attorney V Iyer at the Iyer Law Office in Denver can explain what charges, penalties and even jail time you might be facing.
Know Your DUI & DWAI Basics
The driving while ability impaired (DWAI) blood alcohol content (BAC) standard is between .05 percent and .08 percent. All prior Colorado DUIs and DWAIs will be considered for sentencing and penalties.
On your first DWAI, you could get between 2 and 180 days of jail time. You may also have to pay a fine of $200 to $500. In addition, 24 to 48 hours of community service could also be assigned to you. Your DWAI conviction will also show up on your criminal record, and you may be required to do drug and alcohol counseling.
A DUI, driving under the influence, must meet the standard of a .08 percent BAC or higher for people over 21 and .02 percent for people under 21.
The first conviction of driving with a blood alcohol content of .08 or above could cost you a fine of $300 to $1000. You could spend between 5 days to 1 year in jail and get mandatory public service from 48 to 96 hours. You will also get your license revoked for one year.
When You Have Multiple Convictions
The penalties for DUI and DWAI can be tough and only get tougher with multiple convictions.
For example, A DUI conviction with a previous DWAI in Colorado could land you in jail for 70 days, up to 1 year. You could be fined anywhere between $900 to $1,500, and will likely receive a community-service requirement of 56 to 112 Hours.
A second DUI conviction comes with a minimum of 10 days in jail. Third and subsequent offenses come with a minimum of 60 days in jail.
A DWAI with a previous DUI conviction could get you 60 days to 1 year in jail, a fine between $800 to $1,200, and a community service requirement of between 52 and 104 Hours.
Related Laws You Should Understand
Another important law in Colorado is the implied consent law. This law requires you to submit to a chemical test of your breath, urine, and blood when lawfully requested by an officer who has probable cause to believe that you are driving under the influence. If you refuse, your driver’s license will be revoked for a period of one year. Sometimes, you will even be required to have an ignition interlock device after the one year of suspension has passed.
Did you know in Colorado, that someone charged with a drunk driving charge can plea bargain it to a wet reckless charge? This is reckless driving charge involving alcohol, thus the use of the term “wet”. This is a reduced plea that carries less severe punishments than DUIs. It’s tough to make this arrangement, and it’s typically only granted to first-time offenders. The catch is that if you are convicted of another DUI, the wet reckless charge is treated as a prior DIU conviction.
In Colorado where certain marijuana use is legal, it is important that we also mention that a DWAI charge can occur when a driver’s judgment or physical control is impaired because of drugs or alcohol and the BAC is between .05 and .08 percent. This is a criminal misdemeanor and can still result in the fines and jail time mentioned above. You also may have your license suspended and eight points put on your driving record.
The Iyer Law Office in Denver knows that Colorado DUI & DWAI laws, fines, and penalties can cause problems in your life, affecting your job, family, and reputation. If you have been arrested on these charges, call us today for a free case evaluation. We have the experts you need for a winning defense, and we’ll be by your side at every step.