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DUI / DWAI In Colorado – Criminal Penalties

By Joe Galera on May 19, 2020

DUI / DWAI IN COLORADO – CRIMINAL PENALTIES

Colorado is extremely strict and punitive if you are convicted for a DUI or DWAI.  In many circumstances, a minimum sentence to jail is mandatory which is why you need to contact an experienced lawyer who can help you navigate the legal process to achieve the best outcome for you. 

This article focuses on the CRIMINAL PENALTIES ONLY for misdemeanor DUI and DWAI convictions.  There are many other direct consequences for DUI or DWAI.  The most direct penalties to come out of a DUI or a DWAI come in the form of suspension of your driver’s license or other administrative penalties through the Department of Motor Vehicles (DMV).

In addition, you may be labeled as a persistent drunk driver (PDD) which would require SR-22 insurance for your vehicle.  You may also be required to install and pay for an interlock device on your vehicle in order to regain your driving privileges.

Finally, a conviction will trigger a certain number of points on your record which may result in suspension of your driving privileges.

There are also many indirect penalties associated with a DUI or DWAI conviction.  Those include loss of your job, suspension or revocation of professional licenses and limits on your freedom to travel outside the United States.  For example, someone convicted of DUI may be prohibited from entering Canada.

The criminal penalties you may face are shown in the chart below.  The criminal penalties imposed for a DUI or DWAI conviction are primarily based upon two factors:

  1. Whether you have been convicted of DUI or DWAI in the past, and
  2. Your Blood Alcohol Content (BAC) at the time of your arrest.

OFFENSE

JAIL RANGE

MANDATORY JAIL

PROBATION PERIOD

FINES

PUBLIC SERVICE

 1st DUI

 5 days – 1 year

 No

 2 years (max)

 $600-$1000

 48-96 hours

 1st DWAI

 2 days – 180   days

 No

 2 years (max)

 $200-$500

 24-48 hours

 DUI with BAC ≥   .20

 10 days – 1 year

 10 days

 2 years (max)

 $600-$1000

 48-96 hours

 DWAI with BAC   ≥ .20

 10 days – 1 year

 10 days

 2 years (max)

 $200-$500

 24-48 hours

 2nd DUI / DWAI

 10 days – 1 year

 10 days

 2 years – 4 years

 $600-$1000

 48-120 hours

 3rd DUI / DWAI

 60 days – 1 year

 60 days

 2 years – 4 years

 $600-$1500

 48-120 hours

At Dunsing, Deakins, & Galera, LLC our attorneys are skilled in the criminal courts of Colorado.  Many factors impact the ultimate results of the case and we can help identify issues such as whether the police were allowed to stop you in the first place and whether the police conducted roadside and BAC tests properly and in conformance with accepted standards.  There are many issues that may prevent a conviction that you may not be aware of and our attorneys are ready to help and review your case.  Additionally, we can help mitigate or minimize the potential penalty coming your way. 

If you would like to learn more about DUI defense and other matters related to your case, we encourage you to contact our team of DUI and criminal defense lawyers. You can reach our law firm in Denver by calling (303) 758-8981, or our Avon office by calling (970) 343-0023 

MessageOur Staff

Facing the court system in America can be a daunting task for anyone, especially those who are innocent of crimes that they have nevertheless been accused of. Mr. Galera is more than worth the cost of his services. I simply could not recommend any other defense attorney. Seriously, call these folks! - Satisfied Client

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