Denver DUI Attorney

Denver DUI Defense
DUI vs DWAI
DUI Penalties
Denver DUI Defense

Drunk Driving Defense in Denver and Boulder areas of Colorado

Colorado is one of the harshest states to get a DUI conviction because it can impact almost every aspect of your life. Beyond the hefty fines, jail time, and loss of driving privilege, a DUI conviction can:

 

  • Jeopardize your current and future employment
  • Prevent you from receiving a home or auto loan
  • Limit child custody and visitation rights
  • Make you a target for future police action
  • Increase your penalties on future charges

Therefore, it is crucial that you understand the Colorado DUI laws and how they apply to you. If you have been charged with a DUI in Colorado, your life is on the line. The stakes are very high, and you will need a skilled, experienced criminal defense attorney who can help make sure your rights are protected.

If you have been charged with a DUI in Colorado, please call (303) 357-3035 or email us today. Nicolas M. Geman has helped many Denver residents fight their DUI charges, and he can help you, too.

DUI vs DWAI

DUI vs. DWAI

There are three kinds of drunk driving offenses in the state of Colorado. The distinction between the three can be confusing.  To try and help, here’s a brief description of the types of Colorado DUI and DWAI charges:

 

  • Driving Under the Influence (DUI) – DUI means that you were driving a motor vehicle when you were substantially incapable of driving safely.  Your BAC doesn’t matter for this charge.
  • Driving Under the Influence Per Se (DUI) – DUI Per Se means that you were driving a motor vehicle with a BAC at .08 or above.  How safely you were driving doesn’t matter for this charge.
  • Driving While Ability is Impaired (DWAI) – DWAI generally means that you were impaired, even to the slightest degree, so that you are less capable than you normally would be to drive safely.  DWAI is also associated with BAC levels between .05 and .079.

DUI Penalties

Colorado DUI Penalties

The penalties for DUIs and DWAIs are very severe, and they increase substantially with each repeat offense.

The possible penalties for a first DUI offense are:

 

  • Jail time of up to one year
  • IF the BAC is over .20, there is a mandatory minimum jail sentence
  • Up to 2 years probation with monitored sobriety
  • Fines between $600 and $1,000 plus court costs
  • 48-96 hours of community service
  • Alcohol education courses for 3-9 months
  • 12 points against your driver’s license

The possible penalties for a second DUI offense are:

  • The prior can be from anytime, in any state.  Even if it wasn’t called a DUI, it can still count as a prior.
  • IF the prior was more than five years ago: 10 days – 2 years jail time with a 10 day mandatory minimum jail sentence
  • IF the prior was less than five years ago: 10 days – 2 years jail time with a 10 day mandatory minimum jail sentence.  The 10 days must be consecutive and in-home is not an option for that time
  • Up to 4 years probation with monitored sobriety
  • Fines between $600 and $1,500 plus court costs
  • 48 – 120 hours of community service
  • 12 points against your driver’s license

The penalties for a third DUI offense are:

  • Jail time from 60 days up to 2 years.
  • 60 days mandatory minimum, consecutive jail time.
  • Up to 4 years probation with monitored sobriety
  • Fines betweeen $600 and $1,500 plus court costs
  • 48 – 120 hours of community service
  • 12 points against your driver’s license

With each additional DUI or DWAI offense, the penalties will continue to become increasingly severe. In fact a fourth DUI is now a felony in Colorado and can come with up to six years in prison!

If you or someone you care about has been charged with a DUI, don’t wait.  Call us now at (303) 357-3035!