First Offense DUI/DWI in Colorado

In Colorado, the official abbreviation for impaired driving is DUI (Driving Under the Influence). A Colorado DUI is the act of operating a vehicle within the state while under the influence of alcohol, drugs, or both.

According to Colorado Revised Statutes § 42-4-1301(1)(a), DUI is a criminal misdemeanor punishable by fines, license suspension, and jail terms for individuals with a Blood Alcohol Concentration of 0.08% or more at the time of driving a vehicle or two hours after. Even a first-time DUI conviction may have significant legal, financial, and personal repercussions, underscoring the state's strong commitment to public safety and determination to stop repeat offenses.

What Qualifies as a First DUI/DWI in Colorado?

Blood Alcohol Concentration (BAC) is the percentage of alcohol (number of grams) in 100 milliliters of blood or 210 liters of breath. According to Colorado Statutes, a person commits a criminal misdemeanor if they drive a vehicle with a Blood Alcohol Concentration of 0.08% or more within any location in the state.

Nonetheless, in Colorado, the BAC limits depend on the offense category. The table below outlines the BAC limits for various DUI offenses within Colorado.

Colorado law further specifies that commercial drivers 21 years or older are subject to DUI violations if their BAC level is 0.04% or higher. For commercial drivers below the age of 21, per the Colorado Drunk Driving Law, their BAC level must not be above the 0.02% to 0.04% range.

In Colorado, law enforcement officers determine impairment through observations, field tests, and chemical testing. These include:

• Observations at the scene
• Field Sobriety Tests (FST), such as Horizontal Gaze Nystagmus (HGN), Walk-and-Turn, and One-Leg Stand
• Behavior and speech patterns
• Statements by the driver
• Chemical tests (including blood, urine, and breath tests).

Possible Penalties for a First Offense DUI/DWI in Colorado

A first DUI offense in Colorado carries significant penalties, including:

• Jail time ranging from 5 days to 1 year
• Fines between $600.00 and $1,000.00
• A 9-month license suspension
• Installation of Ignition Interlock Device for early license reimbursement (not mandatory)
• Level II Alcohol Education/Treatment in addition to 24 to 86 hours of therapy
• Probation for up to two years
• 48 hours to 96 hours of community service.

A Colorado DUI violation may also result in criminal prosecution with additional court-imposed penalties.

Do You Lose Your License for a First DUI in Colorado?

Yes, a first-time DUI violation in Colorado may typically trigger an automatic 9-month license suspension by the Colorado Department of Motor Vehicles through an administrative process separate from any criminal court proceedings. This suspension may extend to 1 year for refusing a chemical test.

Following a DUI in Colorado, law enforcement officers will confiscate the driver's physical license and issue a 7-day temporary permit. Within 7 days, the offender may request a DMV hearing to contest a license suspension, and the temporary permit will be valid until the hearing date.

After a first-time DUI conviction in Colorado, an offender may request and obtain a restricted or red license (hardship license) to drive for essential purposes like work, school, and medical appointments. Qualifying for a hardship license often requires serving part of the suspension, installing an Ignition Interlock Device (IID), providing SR-22 insurance, completing an alcohol education program, and demonstrating a significant need to drive.

What Is the Implied Consent Law in Colorado, and How Does It Affect First DUI Cases?

The Colorado Express Consent Law stipulates that everyone driving vehicles within the state automatically agrees to submit to blood, breath, and urine tests upon lawful arrest for DUI violations. Non-compliance with this law potentially has serious Administrative and legal ramifications, including:

• Automatic license revocation
• Admissibility of the refusal as evidence in court prosecution
• Designation of the offender as a Persistent Drunk Driver (PDD) (this will trigger mandatory alcohol education and therapy, a 2-year interlock requirement, and additional fines and treatments)
• Non-eligibility for early license reinstatement; the offender may have to install an Ignition Interlock Device, provide proof of SR-22 insurance, pay reinstatement fees, and enroll in a Level II Alcohol Education to regain driving privilege.

While the Colorado Express Consent Law underscores the seriousness of DUI, offenders retain the right to contest license revocations for non-compliance.

Is an Ignition Interlock Device Required for a First DUI Offense in Colorado?

The installation of an Ignition Interlock Device after a first-time DUI conviction in Colorado depends on circumstances such as BAC level or if the offender seeks early reinstatement of license. In Colorado, first-time DUI convicts may request early reinstatement of their licenses 30 days after suspension if their BAC level is under 0.15%.

To qualify for license reinstatement, an offender must install and maintain an IID for at least 8 months, but may be eligible for early removal after 4 months of full compliance with no violations and failed chemical tests. For a first-time DUI violation with a BAC of 0.15% or higher, the offender must install an IID for a minimum of 2 years. Refusal to take a chemical test during a DUI arrest will result in the installation of an IID regardless of whether the arrest results in a DUI conviction.

In Colorado, the individual required to install the IID is liable for the associated costs, including the installation, maintenance, monthly calibration, and removal fees.

Can a First DUI Be Dismissed or Reduced in Colorado?

Depending on the case specifics, a first-time DUI offense in Colorado may result in dismissal or sentence reduction. In Colorado, the court may dismiss a DUI violation due to:

• Unlawful traffic stop
• Improper administration of the sobriety test
• Faulty chemical testing
• Violation of constitutional rights during arrest.

Additionally, if the offense results in lesser DUI charges, such as a DWAI or plea deal (Wet Reckless), penalties may be reduced. Furthermore, an offender may be eligible for dismissal of charges if they complete Diversion Programs or a Colorado Deferred Judgment and Sentence (DJ\&S) Agreement.

Long-Term Consequences of a First DUI/DWI

In Colorado, DUI offenses may remain permanently on driving records, leading to long-term consequences through exposure to law enforcement, employers, licensing agencies, and the public. A DUI conviction may negatively impact job prospects, insurance costs (potentially increasing car insurance premiums or outright cancellation of policies), and personal reputation. For example, jobs requiring clean driving records may become unobtainable.

Do You Need a DUI Attorney in Colorado?

While not legally mandatory, it is advisable to seek the services of legal professionals to challenge DUI violations. For instance, if such offenses involve aggravating factors, such as:

• Bodily injury, property damage, or death
• Refusal to submit to chemical testing
• Previous DUI conviction
• The presence of a minor in the vehicle
• A Blood Alcohol Content of 0.15% or higher
• Exceeding the allowable BAC for commercial drivers.

An experienced Colorado-licensed DUI attorney will ensure prosecutors do not infringe on their client's constitutional rights. Additionally, they may negotiate lesser penalties for a first-time DUI offense and protect the client's constitutional rights.