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DUI / DWAI Penalties in Colorado

DUI Penalties in Colorado

First Offense

 For a first time DUIconviction, a judge must impose from 5 days to 1 year injail. The law permits the judge to suspend all or partof the sentence on condition that you complete analcohol treatment program. There is no guarantee thatthe judge will suspend the jail sentence. The judge mustalso impose 48 to 96 hours of useful public service and $300to $1,000 in fines in addition to court costswhich usually exceed $400. Since 12 points willbe assessed to your driving record, you will lose yourlicense for 1 year on a points suspension. You canpetition for a restricted “red” license. Finally, a DUI constitutes a habitualstrike against your driving record. After 3 majortraffic violations within 7 years, motor vehicle mustrevoke your license for 5 years. You should seek a goodattorney who can reduce the potential penalties in yourcase.

Second DUI with a prior DUI within 5 years

 For a second DUIconviction within 5 years, a judge must impose frombetween 90 days to 1 year in jail. The law permits thejudge to suspend all but 10 days (which is the absoluteminimum), on condition that you complete an alcoholtreatment program. There is no guarantee that the judgewill impose the minimum ten days. Many don’t. The judgemust also impose 60 to 120 hours useful public serviceand $500 to $1,500 in fines in addition to courtcosts which usually exceed $400.   Inaddition to a points suspension, you will also face a 1year revocation of your driving privilege with nodriving. Furthermore, you cannot reinstate your licenseuntil you drive one (1) additional year with aninterlock device installed in your car.  Finally, asecond DUI constitutes a second habitual strike againstyour driving record. After 3 major traffic violationswithin 7 years, motor vehicle must revoke your licensefor 5 years. You should seek a good attorney who canreduce the potential penalties in your case and retainyour driving privileges. 

DUI with a prior DWAI within 5 years

 For a DUI convictionwith a prior DWAI conviction within 5 years, ajudge must impose from between 70 days to 1 year injail. The law permits the judge to suspend all but 7days on condition that you complete an alcohol treatmentprogram. The 7 days is the absolute minimum and there isno guarantee that the judge will impose the minimum. Thejudge must also impose 56 to 112 hours of useful publicservice and $450 to $1,500 in fines. These are inaddition to court costs which usually exceed $400.In addition to a points suspension, you will also face a1 year revocation of your driving privilege with nodriving.  A second conviction constitutes a second habitual strike against yourdriving record. After 3 major traffic violations within7 years, motor vehicle must revoke your license for 5years. You should seek a good attorney who can reducethe potential penalties in your case and retain yourdriving privileges.

Second DUI with a prior DUI outside of 5 years

 For a DUI conviction with aprior DUI conviction outside of 5 years, a judge mustimpose from between 5 days to 1 year in jail. The lawpermits the judge to suspend all or part of the sentenceon condition that you complete an alcohol treatmentprogram. There is no guarantee that the judge willsuspend the jail sentence; most don’t. The judge mustalso impose 48 to 96 hours of useful public service and$300 to $1000 in fines in addition to court costs whichusually exceed $400.  In addition to a pointssuspension, you will also face a 1 year revocation ofyour driving privilege with no driving. Finally, a DUI constitutes an habitual strikeagainst your driving record. After 3 major trafficoffenses within 7 years, motor vehicle must revoke yourlicense for 5 years. You should seek a good attorney whocan reduce the potential penalties in your case.

 

 

DWAI Penalties  in Colorado

First Offense

 For a first timeDWAI conviction, ajudge must impose from between 2 days to 6 months injail. The law permits the judge to suspend all or partof the sentence on condition that you complete analcohol treatment program. There is no guarantee thatthe judge will suspend the jail sentence. Many don’t,especially if you have a prior offense more than 5 yearsago. The judge must also impose 24  to 48 hours ofuseful public service and $100 to $500 in finesin addition to court costs which usually exceed $400. Since 8 points will be assessed to your driving record,you will not lose your license for 1 year on a pointssuspension unless you have 4 or more points within 12consecutive months of the date you were charged with theoffense. If so, you can petition for a restricted”red” license.  Finally, a convictionconstitutes a habitual strike against your drivingrecord. You should seek a good attorney who can reducethe potential penalties in your case.

Second Offense with a prior DUI within 5 years

 For a DWAI conviction with a prior DUIconviction within 5 years, a judge must impose frombetween 60 days to 1 year in jail. The law permits thejudge to suspend all but 6 days on condition that youcomplete an alcohol treatment program. The 6 days is theabsolute minimum with no guarantee that the judge willimpose the minimum. The judge must also impose 52 to 104hours of useful public service and $400 to $1,200in fines, which are in addition to court costs which canexceed $400.  You will also face a 1 yearrevocation of your driving privilege.  Finally, a second conviction constitutes a secondhabitual strike against your driving record. After 3major traffic violations within 7 years, motor vehiclemust revoke your license for 5 years. You should seek agood attorney who can reduce the potential penalties inyour case and retain your driving privileges.

Second Offense with a prior DWAI within 5 years

 For a DWAI conviction with a prior DWAIconviction within 5 years, a judge must impose frombetween 45 days to 1 year in jail. The law permits thejudge to suspend all but 5 days on condition that youcomplete an alcohol treatment program. The 5 days is theabsolute minimum and there is no guarantee the judgewill impose the minimum. The judge must also impose 48to 96 hours of useful public service and a $300 to$1,000 fine in addition to court costs which usuallyexceed $400. You will also face a 1 yearrevocation of your driving privilege.Finally, a second conviction constitutes a secondhabitual strike against your driving record. After 3major traffic violations within 7 years, motor vehiclemust revoke your license for 5 years. You should seek agood attorney who can reduce the potential penalties inyour case and retain your driving privileges.

 

 

  ____________________________
H. Michael Steinberg Esq.
  Attorney and Counselor at Law

The Colorado Criminal Defense
Law Firm of H. Michael Steinberg
A Denver, Colorado Lawyer Focused Exclusively
On Colorado Criminal Law For Over 28 Years.

Plaza Tower One
6400 South Fiddlers Green Circle - Suite 1270
Greenwood Village, Colorado 80111

Colorado Criminal Law Blog: www.Colorado-Criminal-Lawyer-Online.com

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