In a study that looked at criminal penalties, administrative penalties, fines, and other data, researchers found that Colorado is one of the top 20 toughest states on DUI offenses. Even a first-time DUI in Colorado can leave you with a suspended license and a criminal record, including a license revocation lasting up to nine months and fines ranging from $600 to $1,000.
Driving Under the Influence (DUI) of alcohol or drugs and Driving While Ability Impaired (DWAI) are generally misdemeanor offenses in the state of Colorado. Even as a misdemeanor, however, a DUI conviction under Colorado law, can have devastating and lasting effects on your life within the criminal justice system, affecting your criminal case and potentially leading to jail time from five days to one year depending on prior offenses and other factors. This is where an experienced Boulder DUI lawyer can help.
Defending Your Freedom Against DUI Charges
In Colorado, penalties for DUI are very serious. They can include driver’s license suspension, hefty fines, substance abuse treatment programs, community service, and even jail time, and repeat offenders may even face felony DUI charges and harsher penalties.
Having a DUI conviction and a criminal history can haunt you for a long time. You could…
- Lose custody of your kids in a divorce, especially in cases involving domestic violence allegations.
- Have to disclose your criminal record to prospective employers—and certain employment opportunities could become off-limits to you.
- Have difficulty renting an apartment, because your DUI appears on your background check.
- Be banned from visiting many countries, including Canada and Mexico.
- Have to pay sky-high car insurance premiums—if your insurer will cover you at all.
- Be required to install an
ignition interlock device in your car—and assume the (very expensive) monthly
cost associated with it.
A DUI may impact your driving privileges, and there is too much at stake to go through the legal process on your own. Boulder DUI lawyer Janene McCabe is a skilled litigator and experienced DUI defense attorney who will represent your interests from start to finish. As a seasoned defense lawyer with extensive experience in criminal law, Janene has dedicated her career to defending these types of criminal charges and can help you resolve your DUI case as quickly and painlessly as possible with legal counsel and defense.
She understands the procedures in Colorado courts, the importance of gathering evidence, and the need to challenge officer observations and ensure proper procedures are followed to build a strong defense. Early representation can make all the difference in achieving a positive outcome and protecting your rights, including navigating the Colorado DMV process to protect your license and addressing repeat offenses or reckless driving charges that may accompany DUI allegations. If you are facing DUI charges, it is critical to remain silent and seek legal counsel immediately to protect your best interest under the unique circumstances surrounding your case.
Driving Under the Influence (DUI) Definition
Colorado drunk driving laws define three different types of impaired driving. They are DUI, DWAI, and DUI per se.
You are considered to be driving under the influence (DUI) if you operate a motor vehicle while under the influence of alcohol, drugs, or a combination of the two. Colorado defines “under the influence” of alcohol as having a blood alcohol concentration (BAC) of 0.08% or above, which is the slightest degree that can lead to charges.
You are considered to be Driving While Ability Impaired (DWAI) if you are operating a motor vehicle while slightly impaired by drugs or alcohol. If your BAC is between 0.05% and 0.08% on a chemical test or blood test, you will be presumed to be DWAI.
Finally, Colorado also recognizes per se DUIs. In a per se DUI, the officer does not have to prove that you are impaired, just that your BAC is above the legal limit of 0.08%. For example, you might pass field sobriety tests with no trouble, but if you blow a 0.08% on the breathalyzer, you can be charged with a per se DUI. This is a criminal offense under Colorado law.
Remember—DUIs aren’t limited to just alcohol. You can get a DUI even if you are using legal drugs, such as marijuana or prescription medicine. A Boulder DUI attorney can provide legal guidance on these distinctions and help clients protect their rights in both DUI and DWAI cases.
Driving With Marijuana In Colorado
Even though it’s now legal to use marijuana in Colorado, you still have to follow the law, especially when driving is concerned, as failure to comply can lead to serious criminal matters, including DUI charges.
Just like with alcohol, it’s illegal to drive with an open container of marijuana in the car. If your pot has a broken seal or has been partially used, keep it in the trunk. If your car doesn’t have a trunk, keep it out of reach behind the last row of seats.
The open container law also applies to passengers. Passengers, including riders in taxis and public transportation, may not smoke or consume marijuana, as these actions can contribute to drunk driving or impaired driving charges.
If you plan to leave Colorado, leave your weed at home. You may not leave the state with your marijuana. If you drive into another state, you could be arrested for illegal possession. Marijuana is also prohibited at Denver International Airport—even in the parking lot. This means you shouldn’t leave your pot in your parked car, either, as these violations can escalate into criminal matters beyond petty offenses.
Legal Limits for DUI
For non-commercial drivers, it is illegal to drive with a BAC of 0.08% or more, and a license suspension for DUI can last up to one year. Colorado sets the legal limit for commercial drivers at 0.04%. For marijuana, you may be considered “under the influence” if your blood contains 5 nanograms or more of delta-9-tetrahydrocannabinol (THC) per milliliter. Colorado recognizes DUI, DWAI, and DUI per se as impaired-driving offenses, with DUI per se requiring only proof of BAC over 0.08%.
Express Consent
Colorado’s Express Consent law requires all drivers who are arrested for DUI or DWAI to consent to an alcohol or drug test. Drivers who refuse testing face a one-year license suspension, among other penalties, and must address the matter in a DMV hearing following a DUI arrest or initial arrest.
Aggravated DUI and Zero Tolerance
If you break multiple laws or endanger or injure others during the course of your DUI, you might be charged with an “aggravated DUI,” which comes with stiffer penalties and may involve felony charges, especially for repeat offenders. You may also be charged with aggravated DUI if your BAC is 0.20% or above.
Colorado also has a “zero tolerance” law for underage drivers who are younger than the legal drinking age of 21. An underage driver with a BAC as low as 0.02% to 0.05% could be convicted of underage drinking and driving. Additionally, refusing a chemical test can lead to a one-year license suspension, and you must request a DMV hearing within seven days post-arrest to contest this suspension, which is critical to protect your driving privileges and avoid automatic license suspension even before trial.
DUI For Boulder Students
Students in Boulder County and the greater Boulder, CO area are particularly at risk when it comes to DUI. Being convicted of DUI as a student can have far-reaching consequences for your education and your future, especially if you are not represented by a skilled Boulder DUI lawyer who understands local court dynamics.
For example, you may lose your financial aid and scholarships. You could be removed from on-campus housing, or even face academic probation, suspension, or expulsion from school. Additionally, a DUI conviction can result in mandatory alcohol education classes that may impact your academic schedule.
Having a DUI conviction on your record will limit your career options and make traveling to Canada or Mexico nearly impossible. That’s a lifetime of consequences for one night’s mistake, and it underscores the urgency of seeking early representation from an experienced Boulder DUI attorney to navigate the separate criminal case and DMV process effectively.
Fight DUI Charges With A Boulder DUI Lawyer
When you have been charged with a DUI, there’s no time to spare. The first administrative hearing often happens just a few days after the arrest. For the best chance of keeping your license and having your charges reduced or dropped, it’s crucial to speak to a Boulder DUI lawyer right away.
With more than 25 years of experience as a criminal defense attorney, including as a public defender and working in private practice, Boulder DUI lawyer Janene McCabe has earned her stripes in the courtroom. She will help you fight your DUI charges with a tailored defense strategy and stand by your side every step of the way, from the first free consultation right until your case is dealt with.
At McCabe Law, our Boulder DUI attorneys will comb through every detail of your case to find the facts other attorneys—even the prosecution—might have missed. If the police skipped steps in your arrest, we’ll know. If they made a mistake calibrating or administering an alcohol or drug test, we’ll find out.
We’re on your side and ready to get to work fighting for your rights when facing criminal charges like a DUI or DWAI charge. Please contact us right away for your free and confidential DUI consultation or call 720-821-1457 for a more favorable outcome.