“DUI in Colorado Springs” – A Game Plan for Beating It

Driving under the influence in Colorado Springs is a misdemeanor in most cases. A first offense carries 5 days to 1 year jail, $600 to $1,000 in fines, 48 to 96 hours of public service, possibly DUI classes, and a 9-month license suspension. But there are several legal defenses that could get the criminal charges reduced or dismissed.

In this article, our Colorado Springs DUI defense attorneys discuss:

• 1. When is “driving under the influence” a crime in Colorado Springs?
  • 1.1. DUI / DUI per se
  • 1.2. DWAI
  • 1.3. UDD
  • 1.4. DUI causing injury or death
• 2. What are the DUI penalties in Colorado Springs?
  • 2.1. DUI / DUI per se
  • 2.2. DWAI
  • 2.3. UDD
  • 2.4. DUI causing injury or death
  • 2.5. Surcharges
• 3. Can I keep my license?
  • 3.1. DUI / DUI per se
  • 3.2. DWAI
  • 3.3. UDD
  • 3.4. DUI causing injury or death
• 4. How can I fight the charges?
• 5. Is DUI of marijuana illegal, too?
• 6. Can I get my criminal record sealed?
• 7. Who prosecutes DUI cases in Colorado Springs”?

1. When is “driving under the influence” a crime in Colorado Springs?

Colorado Springs has several different crimes for driving under the influence of alcohol or drugs depending on the defendant’s age, level of intoxication, and whether someone got hurt:

1.1. DUI / DUI per se

People face DUI charges for driving while under the influence of either alcohol or controlled substances (drugs). In short, it is illegal to drive drunk or high.

Drivers face DUI per se charges if their blood alcohol content (BAC) is 0.08% or higher. It does not matter if the driver is being safe and does not seem impaired. Having a BAC of at least 0.08% always makes operating a motor vehicle per se illegal.¹

1.2. DWAI

Short for driving while ability impaired, DWAI is driving with a BAC of greater than 0.05% but less than 0.08%. DWAI cases are less serious than DUI cases since the driver has a lower intoxication level.²

1.3. UDD

UDD – short for underage drinking and driving – occurs when a person under 21 years old drives with a BAC of 0.02% to 0.05%. Called “baby DUI”, UDD reflects Colorado’s “zero tolerance” policy for underage drinking.³

1.4. DUI causing injury or death

The crime of vehicular assault (CRS 18-3-205) is drunk or drugged driving that results in a physical injury, such as broken bones, burns, paralysis, or disfigurement.⁴ And the crime of vehicular homicide (CRS 18-3-106) is drunk or drugged driving that results in a fatality.⁵

2. What are the DUI penalties in Colorado Springs?

The punishment for drunk or drugged driving turns on the specific offense and whether the defendant has prior convictions.

2.1. DUI / DUI per se

Driving under the influence offense	Penalties in Colorado Springs
First-time DUI or DUI per se	Misdemeanor: 5 days – 1 year jail; $600 – $1,000; 48 – 96 hours of public service; 9-month license suspension; 12 DMV points; Possibly alcohol education classes; and Up to 2 year of probation Courts can waive jail in exchange for a one-year alcohol evaluation course. Defendants with a blood alcohol concentration (BAC) of 0.20% or higher are designated a persistent drunk driver (PDD) and sentenced as repeat-DUI offenders.
Second-time DUI or DUI per se	Misdemeanor: 10 days – 1 year jail; $600 – $1,500; 48 – 120 hours of public service; 1-year license revocation; Ignition interlock device (IID) for 2 – 5 years; 12 DMV points; Possibly alcohol education classes; and PPD designation, requiring a level II alcohol education and treatment program plus at least 2 years of SR-22 insurance
Third-time DUI or DUI per se	Misdemeanor: 60 days – 1 year jail; $600 – $1,500; 48 – 120 hours of public service; 2-year license suspension; Ignition interlock device for 2 years; 12 DMV points; and Possibly alcohol education classes
Fourth or subsequent DUI or DUI per se	Class 4 Felony: 2 – 6 years Colorado State Prison with 3-year parole; and/or $2,000 – $500,0006

2.2. DWAI

Driving While Ability Impaired offense	Penalties in Colorado Springs
First-time DWAI	Misdemeanor: 2 – 180 days jail; $200 – $500; 24 – 48 hours of public service; 8 DMV points; and 2 years of probation Courts can waive jail in exchange for a one-year alcohol evaluation course.
Second-time DWAI	Misdemeanor: 10 days – 1 year jail; $600 – $1,500; 48 – 120 hours of public service; and 8 DMV points
Third-time DWAI	Misdemeanor: 60 days – 1 year jail; $600 – $1,500; 48 – 120 hours of public service; and 8 DMV points
Fourth or subsequent DWAI	Class 4 Felony:  2 – 6 years prison with 3-year parole; and/or $2,000 – $500,0007

2.3. UDD

Underage drunk driving offense	Penalties in Colorado Springs
First-time UDD	Class A traffic infraction: $150; 24 hours of community service; 3-month license suspension; and 4 DMV points
Second or subsequent UDD	Class 2 traffic misdemeanor: 10 – 90 days of jail time; $150 – $300; 48 – 120 hours of community service; 6-month license suspension; 4 DMV points; and Possibly alcohol evaluation and treatment8

2.4. DUI causing injury or death

Felony DUI offense	Penalties in Colorado Springs
Vehicular assault (DUI causing serious injury)	Class 4 Felony:  2 – 6 years prison with 3-year parole; and/or $2,000 – $500,0009
Vehicular homicide (DUI causing death)	Class 3 felony: 4 – 12 years prison with 5-year parole; and/or $3,000 – $750,00010

Learn more about felony DUI laws in Colorado.

2.5. Surcharges

In addition to fines, DUI defendants can expect to pay additional costs such as:

• $78 surcharge
• $300 PDD surcharge
• $100 – $500 for PDD programs
• $20 for the Colorado Traumatic Brain Injury Trust
• $1 to $10 for alcohol and substance abuse programs in rural areas
• costs of alcohol and drug treatment
• charges for towing and impoundment
• ignition interlock device costs
• higher insurance premiums when it comes time to renew car insurance
• $95 for a license reinstatement

3. Can I keep my license?

DUIs and UDDs always trigger a license suspension by the Colorado Springs DMV. The only way to avoid a license revocation is by winning both the criminal case as well as the DMV hearing (also called an express consent hearing). But it may be possible to get an early reinstatement of driving privileges immediately if the defendant drives with an ignition interlock device for nine months (or 24 months if his/her BAC was .15% or higher).¹¹

Note that refusing to take a chemical breath or blood test following a drunk or drugged driving arrest triggers an automatic license suspension, even if no criminal charges get filed. A first-time refusal carries a one-year suspension (but it may be possible to get an early reinstatement of driving privileges after 60 days if the defendant drives with an IID for 24 months). A second-time refusal carries a two-year suspension. And a third-time refusal carries a three-year suspension.¹²

DUI arrestees who elect to take the breath test – and fail it – will be given a notice of express consent affidavit and notice of revocation. This document notifies the arrestee that he/she has seven days to request a DMV hearing. Otherwise, the license revocation will occur on the eighth day.

Meanwhile, DUI arrestees who elect to take the blood test get to keep their license until the results come back, which may be weeks later. If the results come back as positive for DUI, the arresting officer will file the notice of express consent affidavit with the DMV, which in turn will mail the notice of revocation to the arrestee. The arrestee has 10 days from the date the letter to request a DMV hearing. Otherwise, the license revocation will occur on the 11th day.

DUI arrestees who request a DMV hearing in time can continue driving pending the DMV hearing, which may be up to 60 days later. A criminal defense attorney can always request DMV hearings on a client’s behalf. Otherwise, DUI defendants are advised to go to the DMV with their notice of express consent affidavit to request the hearing in person. Defendants can request whether or not they want their arresting officer to be present.

DMV hearings are much harder to win than criminal cases. This is because criminal prosecutors have the burden to prove guilt beyond a reasonable doubt, whereas the DMV can revoke defendants’ licenses based on far less evidence. But DMV hearings are still worth the effort – they serve as a dry run for the criminal case, and the defense attorneys can use what they learn to mount a stronger fight against the D.A.

3.1. DUI / DUI per se

The license suspension period for a DUI / DUI per se in Colorado Springs increases with each successive violation:

• First violation: 9 months.
• Second violation: 1 year.
• Third or subsequent violation: 2 years.¹³

3.2. DWAI

DWAIs do not trigger an automatic license suspension in Colorado Springs.¹⁴

3.3. UDD

The license suspension period for a UDD in Colorado Springs increases with each successive violation:

• First violation: 3 months.
• Second violation: 6 months.
• Third or subsequent violation: 1 year.¹⁵

3.4. DUI causing injury or death

Vehicular assault and vehicular homicide each carries a license revocation of at least one year.¹⁶

4. How can I fight the charges?

There are many potential ways criminal defense attorneys fight back against DUI charges in Colorado Springs, depending on the facts of the case and available evidence. Ten potential defenses include:

1. The police officer did not have reasonable suspicion to make the traffic stop.
2. The police officer gave improper instructions for the field sobriety tests.
3. The defendant suffered from a medical condition that caused him/her to fail the field sobriety tests.
4. The law enforcement officer did not have probable cause to place the defendant under arrest.
5. The breathalyzer was defective, or the police officer did not administer the test correctly.
6. The blood test results become contaminated.
7. The officer did not get a warrant to draw blood after the defendant refused a blood draw.
8. The defendant’s BAC level was legal while behind the wheel, but it rose later while taking the chemical test (“rising blood alcohol“).
9. The defendant suffered from medical conditions that caused a high BAC level, such as GERD.
10. The defendant suffered from a medical condition that made him/her seem intoxicated, such as a diabetic seizure.

It is important that DUI defendants appear at their arraignment and all future court appearances (unless the court allows their attorney to appear on their behalf). Otherwise, the judge may issue a bench warrant for the defendant’s arrest.

A Colorado Springs DUI lawyer will always advise defendants to plead not guilty at the arraignment. Even if a case feels impossible to win, criminal defense attorneys are skilled at fighting for the best possible resolutions in DUI cases. In many cases, they can achieve a favorable plea deal.

5. Is DUI of marijuana illegal, too?

Yes. DUI of marijuana is punished the same as drunk driving in Colorado Springs. It does not matter that recreational marijuana is legal.

Note that drugged driving suspects are required to take a blood test following their arrest. They cannot take a breath test because breath tests do not measure drug levels.¹⁷

Learn more about DUI of drugs (DUID).

6. Can I get my criminal record sealed?

DWAI and DUI convictions can never be sealed in Colorado Springs. But UDD convictions may be expunged after the defendant turns 21 years old.

Criminal charges that get dismissed may be sealed right away unless the dismissal was granted through a deferred judgment.¹⁸ Learn how to seal Colorado criminal records. Having any criminal record can restrict educational-, housing-, and/or employment opportunities. Plus, it carries a social stigma.

7. Who prosecutes DUI cases in Colorado Springs”?

The 4th Judicial District Attorney brings DUI charges in Colorado Springs (and throughout El Paso and Teller Counties.) Cases are heard in the El Paso County Judicial Building, located at:

270 S Tejon St
Colorado Springs, CO 80903
719-452-5000

Note that DUIs on federal land in Colorado Springs are prosecuted by the Department of Justice in the District of Colorado. Colorado Springs’ federal court is located at:

212 N. Wahsatch Avenue
Colorado Springs, CO 80903
(719) 471-3387

Depending on the location, DUI suspects in Colorado Springs are arrested by either the:

• Colorado Springs Police Department,
• El Paso County Sheriff’s Office, and/or
• U.S. Marshals Service, District of Colorado

Arrested on a drunk driving charge in El Paso County? Contact our law office to discuss creating an attorney-client relationship. Our Colorado Springs criminal defense lawyers may be able to get your charges lessened or dropped while saving your driver’s license.

Learn more about Colorado DUI laws.

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Legal References