DUI arrests and charges can be upsetting. This is especially true in light of the fact that DUI laws and penalties in Colorado continue to get increasingly harsh. There are, however, ways to fight DUI charges and achieve favorable outcomes to these cases.
If you or a loved one has been charged with a DUI, the sooner you partner with an experienced DUI attorney at Anaya-McKedy, P.C., the sooner you can be confident that you have a skilled, aggressive advocate in your corner, ready to fight for you and defend your rights at every step of your case moving forward.
Arrested for or Charged with a DUI?
Call (719) 227-0007 or Email Us for a Free, Confidential, No Obligations Consultation
We are available 24/7 to answer your questions, help you understand the two cases ahead of you and protect yours rights in both cases. We can meet you and/or a loved one at jail or our Colorado Springs office. We can also discuss your case over the phone.
After a DUI Arrest: The DMV Administrative Case & the Criminal DUI Case
The two cases that can be triggered by a DUI arrest will proceed on different timelines, independently from each, and the outcome of either case will not impact the outcome of the other. These DUI cases include the:
DMV DUI case1 – Also referred to as an “express consent” hearing or action, the DMV administrative case is a civil proceeding that only looks at your driving privileges and whether you should be able to keep them after a DUI arrest. If you do not request this hearing within seven days of your arrest, you will automatically lose your license. If you do request this hearing, you will have the opportunity to argue why you should be allowed to keep your driving privileges, and that determination will be made by a Hearing Officer from the Department of Revenue.
Criminal DUI case – The criminal case will determine whether you are guilty or not guilty of the DUI charges you face. These cases may end in a dismissal of charges, plea deals or trials. Convictions or plea deals can result in various penalties, like fines and possibly jail time.
The attorneys at Anaya McKedy, P.C. can effectively and vigorously defend you in both of these cases.
Colorado DUI Laws & Penalties
Colorado DUI laws set forth different legal limits for different types of drivers, including:
Zero tolerance for underage motorists, with a BAC as low as 0.02 typically being sufficient to trigger DUI charges.
A 0.04 BAC limit for drivers who are over 21 and who hold commercial drivers’ licenses (CDLs)
A 0.08 blood alcohol content (BAC) limit for drivers who are over 21 and who hold standard drivers’ licenses.
Colorado DUI laws also set forth different penalties based on the accused person’s BAC and whether (s)he has any prior offenses.
*If a work release program is included in the sentence, the minimum required jail time is 120 days, and the maximum is 2 years.
If drivers refuse to submit to chemical testing, additional penalties can include:
A 1-year license revocation for first-time refusals
A 2-year license revocation for second-time refusals
A 3-year license revocation for third-time refusals.
With DUIs in Colorado, it’s also important to be aware that:
In some first-time DUI cases, it may be possible to work out a deal with prosecutors to plead to the lesser charges of “wet reckless.”
A previous DWAI may be counted as a DUI in a subsequent case, for the purposes of filing charges and imposing a sentence.
Aggravating factors, like accidents and injuries, can result in harsher charges and penalties.
Colorado does not have a “lookback” or “washout” period. This means that all prior DUIs will stay on your record, regardless of how long ago you got them, and they