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DUI PENALTIES
In addition to the penalties described below, anyone
convicted of an alcohol-related offense can expect $300 to $600 for court costs
and probation supervision fees, not including the cost of alcohol education,
therapy, or testing.
Driving Under
the Influence (DUI)
The legal limit for adults in 0.08. In a DUI case,
the prosecution must prove beyond a reasonable doubt that you drove a vehicle
or had actual physical control of a vehicle while under the influence of alcohol
(or drugs or both) to such a degree that you were substantially incapable of
operating a vehicle. Having a blood-alcohol level of 0.08 grams per 210 liters
of breath permits the jury to infer that you were under the influence. The DUI
statute is C.R.S. §42-4-1301(1)(f).
First Time DUI Conviction
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5 days to 12 months jail, with a minimum of 5 days in jail
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$300 to $1000 fine
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48 to 96 hours of useful public service (48 mandatory)
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attend M.A.D.D. victim impact panel
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court costs
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12 points on your license
All jail time may be suspended if you complete and pay for a Level I or Level II alcohol/drug education program and therapy as recommended by a court-ordered evaluation.
DUI with prior DUI, DUR (alcohol), Vehicular Assault, Vehicular Homicide in your lifetime
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90 days to 12 months jail
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$450 to $1000 fine
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60 to 120 hours of useful public service (60 mandatory)
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attend M.A.D.D. victim impact panel
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abstain from using alcohol for one year
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court costs
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12 points on your license
All but 10 days jail time may be suspended if you complete and pay for
a Level I or II alcohol/drug education
program and therapy as recommended by an evaluation. This may be served on in-home detention,
at the discretion of the judge.
DUI with a prior DWAI in your lifetime
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70 days to 12 months jail
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$450 to $1000 fine
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56 to 115 hours of useful public service (56 mandatory)
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attend M.A.D.D. victim impact panel
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abstain from using alcohol for one year
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court costs
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12 points on your license
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All but 7 days jail may be suspended if you complete and pay for a Level I or
II alcohol/drug education
program and therapy as recommended by an evaluation. This may be served on
in-home detention, at the
discretion of the judge.
DUI with a BAC over
0.20
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10 day mandatory minimum jail
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90 days to 12 months jail
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$500 to $1500 fine
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60 to 120 hours of useful public service
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attend M.A.D.D. victim impact panel
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abstain from using alcohol for one year
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court costs
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12 points on your license
All but 10 days jail may be suspended if you complete and pay for a Level I
or II alcohol/drug education
program and therapy as recommended by an evaluation. This may be served
on in-home detention, at the discretion of the judge.
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LICENSE REVOCATION AND SUSPENSION
If you are arrested for DUI, you will be required to
take a chemical test to determine your alcohol content (BAC). Under Colorado’s
Express Consent Law, all drivers are considered to have expressed their consent
to take this test.
Drivers age 21 and up have the right to choose whether
to take a breath or blood test. Drivers under age 21 may request a breath or
blood test when charged with DWAI, DUI, or DUI per se. Minor drivers under 21
charged with UDD will have to submit to a breath test only.
The arresting officer must have probable cause to believe
that you were drinking and driving in violation of the law to order you to submit
to the test. Kurtz & Peckham will often raise the challenge of whether probable
cause existed to get the test results suppressed.
If you refuse the chemical test, your Colorado license
will be revoked for twelve months, without the possibility of a probationary
license during that time. If there is a later suspension due to a conviction
for DUI or excessive points, that will be consecutive; you may be eligible for
a probationary license during that added time.
For how long will my license be
revoked and suspended?
If you have a BAC over 0.08, it will be revoked for
a straight three months or you can get a work permit after 30 days and then
get a work permit under a suspended license for five more months (total of six
months).
If you have a prior alcohol-related conviction, your
license will be revoked for one year, without the possibility of a probationary
license (work permit).
If you are under 21 and your BAC was between 0.05 to
0.08, it will be revoked for three months for a first violation, six months
for a second violation, and one year for a third or subsequent violation. You
may request a work permit after 30 days and then have a probationary license
for five months (total six months).
If you refused to take a chemical test, it will be
revoked for one year for a first violation. For a second refusal, the license
will be revoked for two years. For a third or subsequent refusal, it will be
revoked for three years.
If you refused to take a chemical test while driving
a commercial motor vehicle, the revocation is for one year. If the commercial
vehicle was transporting hazardous materials, the license will be revoked for
three years. A second or subsequent refusal involved with driving a commercial
vehicle will result in a cancellation or denial of the license.
If your license is revoked due to a high BAC, any suspension
or revocation that is caused by a criminal conviction will run CONCURRENT (or
at the same time). However, if your license is revoked due to a refusal, any
revocation caused by a criminal conviction will run CONSECUTIVE to that revocation
(it will be added on).
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