Best DUI Lawyers Colorado Springs, CO Of 2024 – Forbes Advisor – Technologist

Understanding the relevant laws and their implications can be crucial if you have been charged with a DUI in Colorado. This knowledge allows you to protect yourself and make decisions that could minimize the consequences of a DUI charge on your life, such as hiring an attorney. Here’s a condensed overview of the important Colorado DUI laws:

Legal Blood Alcohol Concentration (BAC) in Colorado

According to Colorado DUI laws, you can be arrested and charged with driving under the influence (DUI) if:

1. You have a blood alcohol concentration (BAC) of 0.08% or higher.
2. You have a BAC lower than 0.08% but are impaired and unable to operate a vehicle safely.
3. Your blood shows over five nanograms of delta-9 tetrahydrocannabinol (THC) per milliliter.
4. You are a commercial driver with a BAC of 0.04% or higher.
5. You are under 21 and have a BAC of 0.02% or higher.

Your BAC and any previous convictions for DUI can affect the severity of your charges and penalties. Those with a high BAC or repeat DUI convictions face higher fees and longer jail times. If your BAC is more than 0.05% but less than 0.08%, you could be charged for the lesser crime of driving while ability impaired (DWAI) in Colorado and receive fewer penalties. It’s important to note that a person convicted of a DUI of marijuana faces the same penalties as those convicted of alcohol DUI, such as jail time, fines and others.

Implied Consent Laws in Colorado

Under Colorado’s implied consent laws, all motor vehicle drivers on the state’s streets and highways automatically consent to chemical testing for alcohol or drugs if suspected of driving under the influence (DUI). Refusal to submit to breath or blood testing can carry severe consequences for drivers, such as an automatic driver’s license suspension of up to one year for a first offense. For subsequent offenses, the license suspension can extend up to three years.

Refusing blood or breath tests can also affect your legal DUI case. Prosecutors can use your refusal as evidence against you in court, where it can be interpreted as a sign of guilt and could lead to harsher penalties if you’re convicted.

DUI Penalties in Colorado

DUI penalties in Colorado depend on the driver’s BAC level, whether it was their first offense and other factors. Here is a summary of the common penalties for DUI and DWAI:

This table is not exhaustive. A DUI conviction can also result in other punishments, including mandatory public service, alcohol education classes and having to install an interlock device on your vehicle.

What to Expect After a DUI Arrest in Colorado

Two separate proceedings will take effect when you’re arrested for DUI in Colorado: the administrative and criminal processes. The administrative process involves the Division of Motor Vehicles (DMV) suspending your license for a time, depending on the seriousness of your charge. The license is suspended by default unless you request a hearing within seven days. If the hearing establishes that your BAC was above 0.08% or you refused breath and blood tests, the license suspension will go ahead.

In the criminal process, your DUI case is referred to the district attorney, who will decide whether to file charges. If charges are filed, you will have to appear in court. The legal process may include discussing a plea deal, where you could receive reduced charges for pleading guilty. Your case may go to trial if a deal cannot be reached. If found guilty, the judge will determine the appropriate penalties and sentence you.