Boulder is an active city in Colorado that takes DUI cases very seriously. With harsher penalties and enforcement, Boulder differs from most Colorado cities. You can be charged with DUI if your blood alcohol content (BAC) is 0.08 or higher while you are driving, or if you are under the influence of drugs, even with a BAC below 0.08.
Your penalties, whether jail time or increased fines, will be based on several different factors, including your BAC, prior offenses, and whether you harmed anyone while you were driving. If you are facing DUI charges, you should learn the trial process in the local courts. Working with a Boulder DUI defense lawyer who knows Colorado laws will help you with the process because so many outcomes depend on the manner in which your case is presented.
Key Factors That Influence DUI Penalties
In Colorado, DUI penalties range significantly and depend on several important factors that could affect punishment.
- Blood Alcohol Concentration BAC: Higher BAC readings, mostly 0.15% will bring harsher consequences.
- Prior Offenses: Each additional DUI you commit within your lifetime will lead to harsher penalties.
- Aggravating Circumstances: If we cause injury or property damage, or drive with a child in the vehicle, those aggravating circumstances are also part of the penalty.
- Refusal to Test: If you refuse, a breath or blood test every time you refuse will cause an automatic license suspension from the Colorado Department of Revenue for all the tests you refuse.
These factors will make evident the criminal penalties and the actions that affect the potential to be allowed to drive again.
Penalties for First DUI Offense
The potential penalties for a first DUI in Colorado could be severe. The jail time for your first DUI can be anywhere from 5 days to a year; the judge may be lenient and suspend jail time for probation and treatment.
The fines can reach $1,000 or more in costs, with court costs added on. The mandatory suspension of your license is usually nine months, and you are required to take alcohol education classes.
You are likely still eligible for probation and may have to complete community service hours. Although the penalties are lighter for first offenses than for repeat offenses, they still affect finances, freedom, and the ability to drive.
Penalties for Repeat DUI Offenses
For a second DUI, jail time could be from 10 days to a year. The fines could be much higher, and your license will be revoked for at least one year. Usually, the driver will also be required to employ an ignition interlock device for a period of time beginning after the revocation has ended.
A third DUI could result in serious consequences—for example, up to one year in jail, thousands in fines, and a two-year license revocation. After that point, Colorado could designate the driver as a “habitual offender”.
Once classified, the driver may lose their license for an extended period, and the courts will monitor them more severely than before. Each offense builds on the previous offense, compounding the penalty.
The Court and Administrative Hearings Have Separate Roles in Determining Penalties
In Colorado, two separate processes will determine the penalties for a DUI: the criminal court and the administrative hearing. The criminal court will determine the jail time, fines, terms of probation, and treatment requirements for a DUI conviction. The judge will follow state sentencing guidelines, but the judge will have discretion depending on the details of the case and mitigating factors, such as the defendant’s cooperation with law enforcement and whether the defendant completed a treatment program.
The Colorado Department of Revenue decides on administrative penalties, such as suspending your license; these penalties can be imposed even though a court has not yet convicted you. These two systems will impose legal consequences and ramifications on driving-related privileges, meaning one incident can lead to two separate penalties.
How the Penalties Impact Drivers for Future Driving in Colorado
A DUI conviction in Colorado casts a long shadow. Generally, insurance companies raise rates for several years after the conviction. They may even drop you right after the conviction, particularly if you hold a job that requires you to drive for the job.
Even after you complete all the penalties, the DUI conviction is maintained permanently on your record. The DUI conviction could impact your opportunities and personal freedom for the foreseeable future.
Key Takeaways
- BAC, number of prior offenses, and aggravating factors determine consequences.
- First offenses can include jail time, fines, and license suspension.
- Repeat offenses carry greater consequences and a longer period.
- Two entities decide penalties (the court and DMV).
- A DUI record in Colorado lasts forever.