First Offense DUI In Colorado
Getting a first DUI arrest is a deeply distressing experience, with potential long-term impacts on your life, including your driving privileges, your career, your bank account, and even your freedom. A single poor decision not only disrupts your life but can leave you facing fear, shame, and an uncertain future. For these reasons, even a first DUI offense in Colorado must be taken very seriously, warranting a prompt, aggressive legal defense by a Colorado Springs DUI defense attorney.
Will I Have to Go to Jail for a First DUI In Colorado?
A DUI conviction leaves a permanent mark on your criminal record. Also, simply because it’s a first offense does not mean you’re automatically safe from the possibility of serving jail time. Whether a conviction for a first DUI in Colorado results in a jail sentence depends on the unique details of your case, including the following:
- Your blood alcohol content (BAC) at the time of the arrest
- Whether or not you caused an accident
- If your actions caused injury to anyone else
- If you were driving without a valid license
- The jurisdiction in which the offense occurred
In Colorado, a conviction for drunk driving with a BAC of 0.20 or more requires mandatory jail time of at least ten days.
What If I Refused a Chemical BAC Test?
When you acquire a driver’s license in Colorado, you give your express consent to undergo a BAC test when a law enforcement officer pulls you over for probable cause. Probable cause for a DUI stop in Colorado covers all erratic driving behaviors, including weaving through traffic, unnecessary or repetitive braking, following too closely, and driving excessively above or below the speed limit. Once pulled over for a suspected DUI, the officer may perform a road sobriety test and request that you comply with breath or blood alcohol testing. You may refuse to comply in violation of the expressed consent law, but a refusal comes with consequences, including the following:
- An automatic revocation of your driver’s license for one year for a first offense
- Mandatory installation of an interlock device on your vehicle for two years following the reinstatement of your license
- Increased consequences upon conviction, including a longer jail sentence
- Car insurance consequences
- A possible designation as a persistent drunk driver
- A requirement to attend an alcohol rehabilitation program
Depending on the circumstances of the arrest, the consequences of refusing a BAC test may be worse than those faced for a conviction.
What Are the Penalties for a First Offense DUI Conviction In Colorado?
An immediate strong defense is crucial for a first-time DUI arrest in Colorado. The potential penalties for a conviction include the following:
- From five days to one year in jail
- A fine of up to $1,000, plus court costs
- Alcohol evaluation and possible mandatory treatment in an alcohol and drug education or rehabilitation program
- License revocation for at least nine months
- Up to 96 hours of community service
- Up to two years’ probation
Colorado courts take DUI convictions very seriously, with harsh penalties even for a first offense. The court’s position is to impose strict penalties to deter further offenses.
What Do I Do After a First DUI Arrest In Colorado?
Obtaining skilled legal counsel after a DUI arrest is crucial. Your Colorado DUI lawyer can mount an immediate defense in your case, such as:
- Questioning the legitimacy of the traffic stop
- Scrutinizing the arrest record for procedural violations that could result in dropped charges
- Identifying mistakes in the BAC testing procedure that could invalidate the results
If you are convicted of DUI, your attorney may argue for an alternative to harsh sentencing, such as attendance in an alcohol or drug treatment program instead of jail time, and an interlock device on your vehicle that allows you to drive to work, treatment, and medical appointments.
An experienced criminal defense attorney on your side is always your best option for a first offense DUI in Colorado.