Colorado DUI: Law and Penalties
Colorado's DUI penalties include mandatory jail in many cases. Considering the consequences
of a conviction, it makes good sense to talk with a Colorado DUI lawyer.
Get a free telephone consultation with an experienced DUI attorney! Call 1.877.362.9091 now .
Colorado's DUI (a.k.a. DI or OUI) penalties are among the tough test in the nation. Colorado's "legal limit"
of 0.05 BACK is the lowest in the United States. Even a first DUI can land you in jail without the option of in-home detention / ankle monitor if
your alcohol level was particularly high. Penalties for second DUI include mandatory jail, in some cases without the possibility of
alternative sentencing. A third Colorado DUI, DWI or DU ID is punishable by sixty days mandatory jail without possibility of in-home detention / ankle monitor.
Any prior conviction can be counted even if it occurred thirty years ago in another state. The jail periods above are only mandatory minimums.
Under Colorado's DUI law you may be sentenced to one year in jail for any DUI, DUID or second DWAI.
A second year in jail is possible if court ordered probation is not completed satisfactorily.
Consulting a DUI attorney as soon as possible after you are released from custody makes good sense considering the possible
consequences. Most Colorado DUI lawyers will give you a free consultation. I provide a telephone consultation, free of
charge that usually lasts about 15-30 minutes.
DUI-ADVISOR.com was started in 1998 to help people facing Colorado drunk driving charges. Since then the website has grown to
include information on just about topic relevant to a Colorado DUI. Below, you will find some
simple first steps you should take if you are fighting a drunk driving charge. Part II
discusses driver's license consequences. Part III concerns Criminal Penalties for Colorado DUIs.
Fighting a Colorado DWAI, DUI or DUID
Most people arrested for drunk driving are pretty
shaken up for a few days after their arrest. Still, what you do in the hours and days after a
DUI arrest can greatly influence the outcome of your case. Here are a few simple steps you should take to
soon after you are released:
Gather DUI Documents.
given to you at the time of your release may contain information which
will form the basis of a strong defense. The summons, Affidavit and Notice of Revocation and any other documents
from the police or detox center should be retained for review
by your attorney. A good Colorado DUI lawyer will want to check these documents to determine whether your chemical
test was taken within the two hour time limit mandated by law and whether
Colorado Department of Health testing procedures followed. You should
also preserve credit card receipts, cell phone records, tow truck receipts
and similar documents as these may help if the time of "actual
physical control" of a vehicle is an issue.
Write A Narrative.
Any experienced DUI lawyer will tell you that as time passes you will forget important
details about your case. While certain facts may seem insignificant to you,
these same facts in the hands of an experienced attorney could
mean the difference between conviction and acquittal. Talk to passengers, friends or family
to ask them what they remember. Police are trained to
take notes about things that might incriminate you but purposely
exclude facts from their reports that might exonerate you - so its up to you
to bring to your attorney's attention facts that might help. Writing a narrative is one way to
Write down everything you remember about what happened leading up to contact with the
police. Include a list of what you had to drink and when
you drank it. Detail everything you said and that the police said up to the time you were released.
Did you see a video surveillance camera in the police car or
at the police station where you were given an alcohol test?
These notes could be helpful in formulating a defense
or to refresh you memory months later during a trial or other hearing.
Request a Hearing from the Colorado Department of Revenue.
Except in rare instances, it is always a good idea to request a hearing concerning
revocation of your drivers license for "driving with excessive alcohol content" or "refusal."
If you took a breath test or refused any test and
you were issued an Affidavit and Notice of Revocation
you should request a hearing, in writing, with the
Department of Revenue within seven days. Failure to do so will not only result in
loss of your driver's license
but also loss of your right to a hearing during which you might save
your license. In order to make sure that the written request is made properly,
consult a competent attorney prior to going to DMV if possible. If you took a blood
test, the hearing request must be made within a time period that will be
specified in correspondence from the Colorado DMV. When you go to a DMV office to
request a hearing, you may also wish to obtain a photo ID card.
Get Help from an Experienced DUI Attorney.
This is an obvious step to protect your rights. Unless you've had some training in general criminal law
and DUI law in particular, you should run your case by a lawyer who specializes in DUI. Whether you hire an attorney
should be a decision made after careful deliberation, but usually it costs you nothing to speak with an attorney
on the telephone about your case.
Attorney Cliff Hypsher
3780 South Broadway
Englewood, CO 80113