Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Colorado DUI Laws to learn more.
Colorado DUI
Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Colorado DUI Laws to learn more.
Colorado In-Depth
It is normal to be frightened and overwhelmed following an arrest. Therefore our lawyers are devoted to demystifying major topics in Colorado criminal defense law.
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The statute of limitations for Colorado DUIs and DWAIs depends on the case. Under 16-5-401 C.R.S., the time-limit for the D.A. to bring criminal charges is:
Once the statute of limitations passes, the suspect is usually immune from criminal charges. But if the suspect is outside of Colorado, the statute of limitations tolls (pauses) for up to 5 years.
DUI and DWAI are typically prosecuted as misdemeanors. The sentence increases with each successive conviction.
A person is guilty of DUI per se by driving with a blood alcohol content (BAC) of at least 0.08%. It makes no difference if the driver was not impaired. (DUI is short for driving under the influence.)
DUI charge |
Colorado penalties |
First-time |
Jail is mandatory if the defendant’s BAC was at least 0.20% Defendants with a BAC of at least 0.15% will be sentenced as a repeat offender. |
Second-time |
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Third or subsequent time |
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Defendants typically face DWAI charges if their BAC is between 0.05% and 0.08%. (DWAI is short for driving while ability impaired.)
DWAI charge |
Colorado penalties |
First-time |
Jail is mandatory if the defendant’s BAC was at least 0.20% |
Second-time |
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Third or subsequent time |
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Defendants face felony DUI penalties if they have three prior DUI-related offenses or if the incident caused serious injury.
Felony Drunk/Drugged Driving Conviction |
Colorado Penalties |
A fourth-time DUI, DUI per se, or DWAI (42-4-1301 C.R.S.) | Class 4 felony:
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DUI causing serious injury / vehicular assault (18-3-205 C.R.S.) | Class 4 felony:
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DUI causing death / vehicular homicide 18-3-106 C.R.S.) | Class 3 felony:
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Ten common defenses to drunk or drugged driving charges include:
Ultimately, the D.A. must prove guilt beyond a reasonable doubt. If the defense attorney can raise this reasonable doubt, the charge may be dismissed.
Michael Becker has over a quarter-century's worth of experience as an attorney and more than 100 trials under his belt. He is a sought-after legal commentator and is licensed to practice law in Colorado, Nevada, California, and Florida.