DUI in Colorado Springs

Updated

Playlist: Colorado DUI Laws and Penalties

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?

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

Upset male driver is caught driving under alcohol influence withi police light in back of him

Colorado Springs punishes DUI the same as other cities throughout the state.

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; and
  • Possibly alcohol education classes

Defendants with a blood alcohol concentration (BAC) of 0.15% 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 years;
  • 12 DMV points; and
  • Possibly alcohol education classes
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:

2.2. 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; and
  • 8 DMV points
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.

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. But it may be possible to get an early reinstatement of driving privileges after only one or two months if the defendant drives with an ignition interlock device.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. A second-time refusal carries a two-year suspension. And a third-time refusal carries a three-year suspension.12

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

DUI suspect being asked to take preliminary breath test while behind wheel

A potential defense to DUI charges is that the breathalyzer was defective.

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 police 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.

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.

Group of law firm receptionists with headsets

Call our law firm for legal advice. Our DUI attorneys offer free consultations.

Arrested in El Paso County? Contact us 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.

Legal References

  1. CRS 42-4-1301.
  2. Same.
  3. Same.
  4. CRS 18-3-205; see People v. Smoots, (2013) COA 152, 396 P.3d 53.
  5. CRS 18-3-106.
  6. CRS 42-4-1301.
  7. Same.
  8. Same.
  9. CRS 18-2-205.
  10. CRS 18-3-106.
  11. CRS 42-2-125; Colorado Springs Code 3.3.412 – 3.3.413.
  12. CRS 42-2-126.
  13. Same.
  14. Same.
  15. Same.
  16. Same; CRS 42-2-128.
  17. CRS 42-4-1301.
  18. CRS 24-72-700-708; In re Harte, (2012) COA 183, 337 P.3d 1232.

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