Driving under the influence (DUI) is a serious offense in Colorado Springs, and understanding the legal implications can be overwhelming. At Baker Law Group, we aim to provide clarity for individuals facing DUI charges by addressing some of the most common questions about DUI laws, penalties, and defenses in Colorado Springs.
What Constitutes a DUI in Colorado Springs?
In Colorado, a DUI is defined as operating a motor vehicle while under the influence of alcohol or drugs, impairing your ability to drive safely. For adults over 21, a blood alcohol concentration (BAC) of 0.08% or higher typically results in a DUI charge. However, drivers with a BAC of 0.05% to 0.079% may face a Driving While Ability Impaired (DWAI) charge. For drivers under 21, a BAC of 0.02% or higher could result in an Underage Drinking and Driving (UDD) offense.
Colorado also enforces strict drugged driving laws, making it illegal to operate a vehicle under the influence of recreational or medical marijuana if it affects your ability to drive.
What Are the Penalties for a DUI in Colorado Springs?
DUI penalties in Colorado vary depending on the number of prior offenses and the severity of the case. Below are common penalties for DUI convictions:
First DUI Offense:
- Fines: Up to $1,000
- Jail Time: 5 days to 1 year (may be suspended under certain conditions)
- License Suspension: Up to 9 months
- Community Service: 48 to 96 hours
- Alcohol Education Program: Mandatory attendance
Second DUI Offense:
- Fines: Up to $1,500
- Jail Time: 10 days to 1 year (mandatory minimum applies)
- License Suspension: Up to 1 year
- Ignition Interlock Device: Required for 2 years
Third DUI Offense:
- Fines: Up to $1,500
- Jail Time: 60 days to 1 year (mandatory minimum applies)
- License Suspension: Up to 2 years
- Ignition Interlock Device: Required for 2 years
Additional penalties, such as probation, vehicle impoundment, and mandatory alcohol or drug treatment, may also apply.
Can You Refuse a Breathalyzer or Blood Test?
Colorado has an express consent law, meaning that by driving on public roads, you agree to submit to chemical testing if an officer suspects you of DUI. Refusing a breathalyzer or blood test can result in:
- Immediate license suspension (up to 1 year for the first refusal)
- Requirement to install an ignition interlock device for at least 2 years
- Designation as a persistent drunk driver (PDD), even without a conviction
Refusal to comply with chemical testing may also be used against you in court as evidence of guilt.
What Are Common Defenses to a DUI Charge?
While every case is unique, common defenses against DUI charges include:
- Improper Traffic Stop
An officer must have a valid reason to stop your vehicle. If your attorney proves the stop was unjustified, the case may be dismissed. - Faulty Chemical Test Results
Breathalyzer devices and blood tests are not infallible. Calibration errors, improper handling of samples, or medical conditions like acid reflux can lead to false readings. - Lack of Probable Cause for Arrest
If the arresting officer lacked sufficient evidence to believe you were under the influence, your charges could be challenged. - Violation of Your Rights
Any violation of your constitutional rights during the investigation or arrest, such as unlawful search and seizure, may lead to the exclusion of evidence or dismissal of the case.
Will a DUI Conviction Stay on My Record?
A DUI conviction in Colorado remains on your criminal record permanently. However, certain offenses may qualify for sealing, which limits public access to your record. Unfortunately, sealing is generally not available for DUI convictions, but non-conviction records (such as dismissed cases) may be eligible.
How Does a DUI Affect Your Driving Privileges?
A DUI conviction can lead to license suspension, which varies depending on the offense. You may be able to reinstate driving privileges by applying for a restricted license and installing an ignition interlock device. Failure to comply with license reinstatement requirements may prolong suspension periods.
Is a DUI a Felony in Colorado?
A DUI is typically charged as a misdemeanor in Colorado. However, it becomes a class 4 felony if:
- It is your fourth or subsequent DUI offense, regardless of when prior offenses occurred.
- Your actions resulted in serious bodily injury or death.
Felony DUI convictions carry severe consequences, including significant prison time and higher fines.
How Can an Attorney Help With a DUI Case?
A DUI charge is a complex legal matter that requires a strong defense strategy. A knowledgeable attorney can:
- Evaluate the Evidence: Identify weaknesses in the prosecution’s case.
- Negotiate Plea Deals: Reduce charges or penalties.
- Advocate for You in Court: Present compelling arguments on your behalf.
- Assist With DMV Hearings: Protect your driving privileges during administrative proceedings.
The attorneys at Baker Law Group are experienced in handling DUI cases in Colorado Springs. We understand the challenges you face and are committed to pursuing the best possible outcome for your case.
Contact a Colorado Springs Criminal Lawyer
If you or a loved one is facing DUI charges in Colorado Springs, don’t navigate the legal process alone. The skilled attorneys at Baker Law Group can provide the guidance and representation you need to protect your rights and secure the best possible result.
Call Baker Law Group today to schedule a consultation with a Colorado Springs criminal lawyer. Let us help you take the first step toward resolving your DUI case.
