June 26, 2008
Colorado DUI Laws and Punishments
By admin
Every state in the country has laws and punishments for DUI offenses. Most share a baseline blood alcohol content that is allowed of 0.08%. Colorado is also part of a 45 state coalition forming the Interstate Driver’s License Compact. This organization shares information about driver’s license actions and DUI convictions with other states that are members.
A person arrested for DUI in Colorado has a period of seven days from their arrest to arrange a hearing with the Department of Motor Vehicles to retain their license. If no hearing is requested within the seven day window then then person’s license will be automatically suspended.
Colorado has two different charges levied against those who are arrested for operating a vehicle under the influence; DUI (driving under the influence of drugs, alcohol, or both) and DWAI (driving while ability impaired). Driving while impaired is a lesser offense than DUI in which the driver’s BAC was 0.05% or higher.
As in some other states you can be prosecuted for driving under the influence or for a ‘per se’ offense. You are considered to be driving under the influence if you have consumed drugs or alcohol which have affected your abilities (mentally or physically) to a degree where you cannot properly control a vehicle safely or exercise sound judgement.
A per se charge is filed against those drivers who test with a BAC of 0.08% or higher. With a per se offense the only thing that matters is the BAC levels found during the chemical test. If your driving is not erratic, you pass the field sobriety test with flying colors, or your speech is normal, you can still have per se charges filed against you.
For a first offense the maximum punishments include one year in jail, a $1000 fine, a substance abuse screening, 96 hours of community services, 86 hours of alcohol abuse therapy, and substance abuse education. The usual first offense sanctions are up to two years of unsupervised probation, 48 hours of community service hours, substance abuse screening, alcohol abuse education, fines, and court costs (averaging $500). You also must abstain from drinking alcohol for a period of one year.
Second offenses have higher penalties as well as a mandatory jail sentence.
Topics: State Laws |