DUI Punishments vs. DWAI Punishments
In Colorado, punishments for both DUI and DWAI are very severe. The following are the penalties incurred by motorists who are convicted of DUI (driving with a BAC level of .08 percent and above):
1st Conviction
• Imprisonment from 5 days to 1 year
• Fines from $600 to $1,000
• Driver’s license suspended for 9 months
• Driver incurs 12 license points
• Driver must perform public service from 48 to 96 hours
• Driver may avoid jail time in lieu of Alcohol Treatment Program
2nd Conviction
• Imprisonment from 90 days to 1 year
• Fines from $1,000 to $1,500
• Driver’s license suspended for 1 year
• Driver incurs 12 license points
• Driver must perform public service from 60 to 120 hours
• Driver may be ordered to install ignition interlock device before the license is reinstated (If 2nd DUI offense is within 5 years of the first)
3rd Conviction
• Imprisonment from 70 days to 1 year
• Fines from $900 to $1,500
• Driver’s license suspended for 2 years
• Driver incurs 12 license points
• Driver must perform public service from 56 to 112 hours
• Installation of ignition interlock device before the license is reinstated
When it comes to DWAI charges, first-time convictions do not have such a profound impact on the driver’s record. For first-time DWAI offenses, drivers may face imprisonment from 48 hours to 180 days, fines between $200 and $500, incur 8 license points, and may have to perform anywhere from 24 to 48 hours of community service. The motorist DOES NOT have their license suspended on their first DWAI conviction.
Once a motorist begins to incur multiple DWAI charges, penalties become as severe as those of DUI charges. Criminal penalties (jail time, fines, and public service requirements) for second and third-time DWAI charges, as well as subsequent convictions, are identical to those of DUI offenses.
As far as administrative penalties go, multiple DWAI and DUI conviction penalties are the same in terms of license suspension time. However, they differ in the amount of points incurred. A second and third DWAI offense earns a driver 8 points compared to the 12 that are earned by convicted DUI offenders.
Repeat Offenders
As in all states, penalties for repeat DUI/DWAI offenders are more severe than those for first-time offenders. In addition, in Colorado, if a repeat offender has a BAC level of .17 percent and higher, they will be subject to even stricter penalties.
Drinking and Driving Under the Age of 21
Any motorist found drinking and driving under 21 years of age in Colorado is subject to incur serious penalties. A driver under 21 years of age may be found guilty of DUI if their BAC level is at least .02 percent but less than .05 percent. Administrative penalties for those under 21 include 3 3-month license suspension for first-time offenders, 6 6-month suspension for the second offense, and a 1-year license suspension for the third or subsequent offense. All offenses incur 4 points.
Criminal penalties for drivers under the age of 21 who have been drinking and driving with a BAC level between .02 and .05 percent include a fine of $100 and public service requirements of up to 24 hours. There is no jail time required.
Expressed Consent Laws
Every driver in the state of Colorado is subject to the expressed consent law, which presumes that each motorist has given their consent to take a blood, breath, saliva or urine test when asked to do so by a police officer who suspects the driver to be under the influence. Motorists who refuse to take the test may have their license revoked.
Contesting DUI Charges
DUI convictions can completely ruin a person’s life. They can affect your chances of both getting and keeping a job, as well as hinder your chances of applying for financial aid or any other form of financial endeavor. If you have incurred a DUI charge in the state of Colorado, turn to one of our elite DUI lawyers for help right away.
With the assistance of a top Colorado DUI lawyer, you may have your charges either significantly lowered or completely dropped altogether. Your paralegal will investigate the incident and work diligently to clear your name. Rest assured that if your arresting officer charged you with DUI/DWAI on suspicion alone or issued you a breathalyzer test that was faulty, your DUI lawyer in Colorado will not rest until your charges are wiped out.
Contact one of our acclaimed teams of DUI attorneys in Colorado today to discuss your options and fight your charges.
