In Colorado, DUIs are charged when a driver is found with a blood alcohol content (BAC) of 0.08 percent or more. If your alcohol use made you substantially incapable of operating a motor vehicle, you can be found guilty of DUI. Even if you were found to not be over the legal limit, if law enforcement can prove that you were impaired in the slightest degree, you can be charged with a DWAI.
Even if it is your first DUI, do not assume that the penalties will be minor. First-time offenders may not receive maximum sentences, but there are penalties that could affect you for the rest of your life.
Express Consent: You Are Required to Take a Chemical Test
As long as you are driving a vehicle in Colorado, the statute requires that you give a chemical test sample. It is referred to as the implied consent law and you are agreeing to the law by operating a vehicle.
Administrative and Criminal Penalties Are Severe
There are criminal and administrative penalties that you will face if you are convicted of drunk driving. Some result in points, while others result in a license suspension. For your first offense, you will have your license suspended for nine months if your BAC tests over 0.08 percent. This is regardless of whether or not you are convicted of a DUI.
If you are convicted of a DUI, your license will be suspended for nine months and you will have 12 points on your license. If convicted, you can also suffer consequences involving jail (mandatory jail under certain circumstances). This doesn’t include fines, useful public service, an alcohol evaluation and other penalties imposed by the court.
Reasons to Hire a Lawyer Regardless of Whether or Not It Is Your First DUI
Even if it is your first DUI or your first time being pulled over with a BAC higher than 0.08 percent, you cannot risk the penalties. Some reasons to consider hiring an attorney include:
- Advice on your rights. You most likely do not know your rights if this is your first time being arrested or charged with a DUI, but your attorney does know your rights. A lawyer will ensure that you don’t admit to anything.
- Negotiations with the prosecution. Prosecutors are under pressure to make examples of offenders, which is why you need an attorney with experience handling DUI cases. Your lawyer can negotiate with the prosecution and possibly find a jail alternative because you are a first-time offender.
- Knowledge of the local court system. The prosecutor and judge will vary depending on the area in Colorado where you are arrested, but your attorney will know them. A local DUI lawyer is familiar with the rules of the court, and the personality of the judges and prosecutors in those courts.
Speak with a Colorado DUI Attorney Now
If you have been arrested for a DUI, you cannot risk going to jail or losing your driver’s license. If you lose your license, it may affect your ability to get to work, go to school, or even care for your family. Contact attorney Mark S. Rubinstein, P.C. now to discuss your case. Schedule a consultation at 970-704-0888 or request more information online.