There were over 16,000 DUI (driving under the influence) cases in Colorado during 2023. If you are facing a first-offense DUI charge, it is important to know that you have the right to a lawyer and an opportunity to defend yourself.
Having a knowledgeable legal representative by your side can help reduce the stress of the situation. An experienced criminal defense attorney can build a strong case on your behalf and work to protect your rights throughout the entire legal process.
Contacting a lawyer immediately after a DUI charge greatly increases your chances of avoiding potential penalties or even having the charges dropped altogether.
What Happens If You Refuse a Chemical Test in Colorado?
Under Colorado’s “Express Consent Law,” by getting behind the wheel and driving, you have already consented to a breath, blood, or chemical test in the event a police officer has the right to reasonably suspect that you are driving under the influence.
Refusal to submit to a BAC test can have severe consequences. For example, the officer will invoke an immediate 1-year revocation of your license.
This is separate from the penalties of a DUI conviction. You can apply for – but are not guaranteed to receive – early reinstatement after 2 months. Subsequent refusals can lead to longer suspension times.
Potential Consequences of a First-Offense DUI
You can be charged with a DUI in Colorado if you are caught operating a vehicle with a blood alcohol content (BAC) of .08 or higher. However, you can also be charged with driving while ability impaired (DWAI) if your BAC is between .05 and .08, or if the arresting officer believes that alcohol or drugs impair your ability to drive.
Potential penalties for a first-time DUI include:
- License revocation: Your driver’s license can be suspended for up to 9 months by the Colorado Department of Revenue. You will have 7 days from the arrest to request a DMV hearing to contest the license revocation.
- Points on your license: A first DUI can lead to you receiving up to 12 points on your driver’s license.
- Fines: Fines for your first DUI can range from $600 to $1,000. Additionally, you may have to pay court costs, fees, and other costs related to the case.
- Alcohol education classes or treatment programs: You may be required to attend alcohol education or treatment programs, especially if your BAC was significantly above the legal limit.
- Probation: First-time offenders can be placed on probation, during which you will need to comply with all court-ordered conditions.
- Ignition interlock device (IID): Colorado requires the installation of an ignition interlock device for first-time DUI offenders to regain their driving privileges during the suspension period. You are required to breathe into this device to start your vehicle, and your vehicle will not start if alcohol is detected.
- Community service: You may be required to complete between 48 and 96 hours of community service.
- Jail time: While it is possible to avoid going to jail if it is your first DUI, you could face up to 1 year in jail depending on the circumstances (such as having a high DUI or causing a motor vehicle accident).
Is It Still a “First-Offense” If You Have Had a DUI in Another State?
If you have a DUI on your record from another state, it will count as a prior conviction in Colorado. This means a prior DUI in another state will be viewed as a “second offense” in Colorado, and you will likely be subject to harsher penalties – even if it happened years ago. This could include longer license suspension times, higher fines, and even mandatory jail time.
If you are facing DUI charges in CO, with a prior offense in another state, it is important to have a criminal defense lawyer on your side who can navigate the complexities of interstate DUI laws.
Getting Your License Back After a First-Offense DUI in Colorado
After being arrested for a DUI in Colorado, you have seven days to request a hearing with the Department of Motor Vehicles (DMV) to contest the automatic suspension of your license. Failure to request a hearing within this time frame will result in your license being automatically suspended.
The following steps are typically required to have driving privileges reinstated following a first-offense DUI charge:
- Enroll in an alcohol education and treatment program
- Install an ignition interlock device (IID) on your vehicle
- Pay a license reinstatement fee to the DMV
- Submit proof of SR-22 insurance
A criminal defense attorney can help you navigate the legal system and work with the DMV to guide you through the reinstatement process.
How a Defense Lawyer Can Help When You Face Colorado DUI Charges
Even if it is your first offense, DUI charges are serious and can have a lasting impact on your life. If you find yourself in this situation, it is important to understand your legal rights and the consequences of a DUI conviction.
Hiring an experienced defense lawyer can be beneficial in many ways and help ensure the best outcome for your case.
Assessing the evidence
Your lawyer will analyze the results of your breathalyzer or blood test, assess the legality of the traffic stop, and ensure your rights are upheld throughout the arrest process.
There are potential grounds to challenge the prosecution’s case if:
- Your breathalyzer or blood test was improperly administered
- The device was not calibrated correctly
- The police officer failed to establish probable cause for the traffic stop
- Law enforcement made errors during your field sobriety tests
A knowledgeable defense lawyer can file motions to suppress evidence if it was obtained improperly, potentially leading to a dismissal or reduction of charges.
Help you understand the legal process
The legal process following a first-time DUI arrest can be confusing and intimidating, but your defense lawyer can guide you through every step of your case. He or she can explain the potential outcomes, keep you informed of your options, and make sure that you understand your rights at each stage.
Negotiate a plea deal
Even if the evidence against you is substantial, an experienced DUI defense attorney can often negotiate to have charges and penalties reduced. As an example, a first-time DUI could be reduced to a lesser offense such as a DWAI, which has lighter penalties.
Your attorney could also advocate for alternative sentencing options, such as probation, community service, or alcohol treatment programs, in exchange for reduced fines or jail time.
Avoid long-term consequences
While a first-time DUI is typically classified as a misdemeanor offense, it can still have lasting consequences, especially if you are convicted again in the future.
A DUI conviction can have a lasting impact on your life, including:
- Challenges finding employment
- Denial of housing applications
- Mark on your criminal record
- Increased insurance premiums
A criminal defense lawyer will work to avoid or minimize these long-term consequences by fighting for a favorable outcome in your case.
Represent you in court
Having to go to court in Colorado for a DUI case can be intimidating, especially if it is your first time appearing before a judge. Your criminal defense lawyer can represent you in court, ensuring your case is presented effectively and that all legal procedures are followed.
A DUI defense lawyer in your area will be familiar with local courts, judges, and prosecutors, giving him or her insight into how best to approach your case.
Your lawyer will also provide guidance on what to expect during the court process, helping you avoid common mistakes that could harm your case. Having legal representation ensures that your legal rights are protected at every stage.
Does Colorado Require DUI School for First-Time Offenders?
Yes, alcohol education classes are often required after a first-time DUI conviction. The goal of the school is to educate offenders on the dangers of impaired driving and reduce the chances of repeat DUI offenses.
Typically, the requirements for the courses are as follows. A level I class is often required for a first-time DUI offense and consists of 12 hours of education on the effects of alcohol and drugs on driving and personal responsibility.
A level II education course could be required for first-time offenders who had an especially high blood alcohol content level at the time of their DUI arrest. The class is 24 hours and often spread out over 12 weeks.
Failure to complete required classes can result in additional penalties, such as a longer license suspension or difficulty reinstating your license. Your defense attorney can make sure you are signed up for the required classes and meet all necessary requirements.
Hiring a Lawyer After a DUI Can Save You Time and Money
If you are facing your first driving under the influence charge, you might be tempted to navigate the legal process on your own to save money. It is true that if you hire a defense lawyer, you will pay for the services provided. However, failing to hire a lawyer for a first DUI can end up costing you more financially in the long run.
The earlier a DUI lawyer gets involved in your case, the more time he or she has to build a strong defense on your behalf, potentially helping you avoid more serious consequences. Additionally, by hiring a lawyer quickly, you ensure that you don’t miss critical deadlines that could result in higher fines.
A DUI defense lawyer’s ability to negotiate reduced charges or alternative penalties could ultimately save you thousands of dollars in fines and associated fees. Your lawyer could negotiate plea deals that eliminate costly requirements like the IID.
Don’t Face a First-Time DUI Alone
While a first-time DUI offense is serious, the key is not to panic and to take immediate steps to protect your rights by contacting an experienced DUI defense lawyer.
A skilled lawyer will be knowledgeable in Colorado DUI laws and can help you navigate the legal process. With the right legal support, you can potentially reduce the severity of your penalties and move forward with your life.
If you have been charged with a DUI, contact Wolf Law LLC as soon as possible. We can assess the details of your case, explain your options, and aggressively fight for the best possible outcome. Call our law firm at 720-479-8574 or complete our contact form to schedule a free case review or if you have any questions about your DUI case.
