Repeat DUI Offense Lawyer in Denver
Colorado is among the states that have created a lesser offense to DUI, called DWAI, meant to ensnare and convict motorists who were not guilty of driving with a BAC of .08 or above. An offense of Driving while Ability Impaired (DWAI) can be charged if a driver tests between .05 and .08.
Additionally, a driver can be found guilty of driving under the influence (DUI) even with a BAC below .08, if it can be shown driving abilities were adversely affected by alcohol or drugs. In order to maximize the number of arrests and resulting court revenue, the state has also created a “Baby DUI,” which permits charges to be filed against drivers younger than the legal drinking age of 21 who test with virtually any amount of alcohol in their system, beginning at just .02.
Any of these charges are likely to result in targeting by law enforcement and frequent future traffic stops. And, regardless of whether you are convicted of DUI or DWAI, either charge counts as a prior offense, significantly enhancing the penalties of another conviction.
First Underage Drunk Driving
$100 fine.
Up to 24 hours community service.
3 month license suspension.
2nd or 3rd offense UDD
Up to 90 days in jail.
Alternative sentencing.
Up to $300 fine.
Up to 24 hours community service.
6 month to 1 year license suspension.
First DWAI - Misdemeanor
2 days to 180 days in jail.
Alcohol and drug evaluation and counseling.
Up to 2 years probation.
$200-$500 fine.
Up to 48 hours.
No license suspension.
First DUI - Misdemeanor
5 days to 1 year in jail.
Alcohol and drug evaluation and counseling.
Up to 2 years probation.
$600-$1,000 fine.
Up to 96 hours public service.
9 month license suspension.
First DUI BAC > .2 - Misdemeanor
10 days to 1 year in jail.
Home detention.
Up to 2 years probation.
$600-$1,000 fine.
Up to 96 hours community service.
9-month license suspension.
2nd DUI/DWAI with 5 years - Misdemeanor
10 days to 1 year in jail.
Possible home detention.
2 to 4 years probation.
$600- $1,500 fines.
Up to 120 hours community service.
1 year license suspension.
3rd DUI/DWAI with 5 years - Misdemeanor
60 days to 1 year in jail.
Possible home detention.
2 to 4 years probation.
$600- $1,500 fines.
Up to 120 hours community service.
2-year license suspension.
4th DUI - Felony in Colorado
4th Offense - Felony.
Class four felony - 2 to 6 years in prison.
Probation orders carry up to two years in jail.
Fines of at least $2,000 and up to $500,000.
Vehicular Assault CRS § 18-3-205
Intoxicated driving that results in serious bodily injury.
Class 4 felony.
2 to 6 years in prison.
$2,000-$500,000 fine.
Beating the DUI charge can result in a charge of reckless driving:
Class 5 felony.
1 to 3 years in prison.
$1,000 to $100,000 in fines.
Vehicular homicide § 18-3-106 CRS
Causing the death of a person under the influence.
Class 3 felony.
4 to 12 years in prison.
At least $3,000 to $750,000 in fines.
Beating the DUI charge in a vehicular homicide case can result in a charge of recklessness.
Class 4 felony.
2 to 6 years in prison.
At least $2,000 to $500,000 in fines.
DUI Defense in Denver
Nobody plans to get arrested for drunk driving once, let alone repeatedly. Yet the surest way to get re-arrested is to have a drunk driving conviction on your record, which will likely lead to frequent stops and targeting by law enforcement.
A first offense is also the easiest to beat, or to win a reduction of the charges. For these reasons, experienced drunk driving defense attorneys in Denver always advise clients to fight the charges in court.
Those facing charges should consult with a drunk driving defense lawyer in Denver or the surrounding areas, including Highlands Ranch, Littleton, Ken Caryl, Columbine, Golden, Lakewood, Broomfield, and Arvada.
Call drunk driving defense lawyer James Colgan for a free and confidential consultation to discuss your rights. Call 720-909-6425 today.
