Legal Services
DUI
What Is a DUI in Colorado?
According to Colorado’s Department of Transportation, there were 838 fatalities involving a driver with a blood alcohol content (BAC) over the legal limit from 2014 to 2018. Those numbers show how severe it is to drive while intoxicated. But what exactly does a DUI charge mean?
Driving under the influence (DUI) is a form of impaired driving, either by alcohol, drugs, or a combination of both. Under the influence means you have a blood alcohol content of .08% or greater.
In addition to DUIs, Colorado also has a law for driving while ability impaired (DWAI). This is a lesser offense than DUI but means you have consumed some intoxicants that limit your ability to control and operate a motor vehicle. DWAIs are usually charged if the offender has a blood-alcohol level of .05 but less than .08.
Different Ways to Get a DUI
You can be charged with a DUI if any of the following take place:
- You have a blood or breath alcohol content of .08 or greater.
- You can be charged with a DUI if you are impaired while operating a non-motorized vehicle.
- If you show signs of impairment but refuse to submit to a chemical test, you can still get charged with a DUI.
Driving Under the Influence of Drugs
DUIs also cover drug use and impairment because of it. Drivers are considered under the influence if their ability to drive is substantially impaired. It also makes no difference if the drugs are legal or illegal. Unlike alcohol, there isn’t a limit on drug use, except for marijuana.
Because marijuana is legal in Colorado, the state approved guidance to have a permissible limit of 5ng of marijuana or THC in a driver’s system while operating a vehicle.
DUIs related to drugs carry the same potential consequences and penalties as those for alcohol.
How to Avoid Getting a DUI
The most obvious answer to avoid any charges is to avoid alcohol altogether. If you do drink, make sure you have a designated driver to get you to your next destination or use public transportation or a ride-sharing service like Uber or Lyft.
If you do plan on drinking, know how much alcohol you’re consuming. Standard drinks like 12 ounces of beer and 5 ounces of wine each have the same amount of alcohol, something to keep in mind when heading out for the evening.
What are the Consequences of Getting a DUI?
A DUI arrest results in two different types of penalties — administrative and criminal. Administrative penalties include the suspension or revocation of your license. Criminal penalties generally depend upon if you have prior impairment arrests.
- 1st time DUI offenders — Can include jail time of 5 days up to 1 year. Fine of $600-$1,000 and license revocation of up to 9 months.
- 2nd time DUI offenders — Jail time of 10 days to 1 year. $600-$1,500 of fines, 2-4 years of probation, and up to a year for license revocation.
- 3rd and subsequent offenses — Mandatory jail time — anywhere from 60 days to 1 year. $600-$1,500 in fines, along with an unknown period of license revocation and 2-4 years of probation.
If you have children or domestic relations litigation ongoing, a DUI can be devastating even if your children are not present for the incident. An opposing parent or their attorney can capitalize on unfortunate circumstances like a DUI charge and attempt to restrict or reduce your parenting time or contact with your children. It is important in such a case to have an experience and skilled attorney who can help you prepare and strategize the release of information concerning the DUI to mitigate those effects.
Contact BAM Family Law
If you or someone you love is looking for help regarding the consequences of a DUI, our team of lawyers can help. Our attorneys are committed to providing you knowledgeable services during these stressful times. If you’re looking for more information or to schedule a meeting, contact our office for a step in the right direction.