Colorado has 3 DUI offenses: DUI, DUI per se, and DWAI.
DWAI means “Driving While Ability Impaired.” It is a lower offense than a DUI. You will be charged with a DWAI if your BAC is .051, but less than .08.
BAC means your breath or blood alcohol content expressed in scientific terms.
The maximum punishment is 1 year in jail, a $1,000 fine, 96 hours of community service, an alcohol evaluation, a 24-hour alcohol education class, and up to 86 hours of alcohol therapy. First-time offenders almost never get jail. Jail is required for second offenders and drivers with BACs over .20. But, sometimes, a jail substitute, such as electronic home monitoring, can be arranged. A third DUI requires 60 days or more days in jail.
A Department of Revenue hearing officer, not the court, decides what happens to your driver’s license. If you have a BAC of .08 or greater, your driver’s license will be revoked for a minimum of nine months. First offenders may have the revocation reduced to as little as 30 days by obtaining an ignition interlock. You can prevent the BAC revocation only if you (1) ask for a hearing within 7 days after a breath test and (2) win the hearing.
Don’t walk, run to the nearest Department of Motor Vehicles (DMV) office and request a hearing. You are permitted to drive with a temporary driver’s license until the date of your hearing.
Not unless you were in jail, hospitalized or have some other extraordinary circumstance.
Once your driver’s license is revoked, it stays revoked until you reinstate it. You must apply to DMV to reinstate.
Yes! And you should because driving under revocation subjects you to a 30-day mandatory jail term.
No! And you should not take the roadside tests, including the portable or handheld breath test. The police cannot force you to take the roadside tests. If you do take the tests, the officer decides how well or how poorly you did. The results can and will be used
against you later.
No, but you will have your driver’s license revoked for a minimum of 1 year if you don’t (subject to a hearing). If your license is revoked for a “refusal,” there is no work-related driving and the revocation runs consecutively with other suspensions and revocations.
No. You do not have the right to consult a lawyer before deciding on testing.
We recommend the blood test because it is more accurate. Colorado’s breath testing machine has a built-in error of up to 30%.
Yes! The police must have probable cause that you committed a traffic offense or a “reasonable suspicion” that you are DUI in order to stop you in the first place.
|Victim Assistance Fund||$78|
|Victim Compensation Fund||$78|
|Law Enforcement Assistance Fund||$90|
|Brain Injury Trust Fund||$15|
|Persistent Drunk Driver Fund||$50-$500|
|Restitution for Chemical Test||$50|
|Alcohol Education Classes||$350|
|Victim Impact Panel||$25|
|Community Service Fee||$120|
|Bail Bondsman Fee||$500|
|Auto Insurance Increase (x 3 yrs)||$4,800|
|Driver’s License Reinstatement||$95|
|Worst Case Total||$10,000|