Colorado's Drunk Driving Laws
Law enforcement's focus on DUI crackdowns has created stiff penalties that can be life-altering for those accused of DUI even if no injury occurred.
February 01, 2012 /24-7PressRelease/ -- Colorado's Drunk Driving Laws
Driving Under the Influence of Drugs or Alcohol has continued to be the focus of national public health and safety initiatives for decades. Thousands die each year across the nation as a result of alcohol-related driving accidents. In 2009, 178 of 465 Colorado traffic fatalities were due to alcohol-related accidents -- one of the reasons DUIs are so stringently enforced.
Individuals who are charged with DUI are fortunate if no serious injury or fatality occurred. However, law enforcement's focus on DUI crackdowns has created stiff penalties that can be life-altering for those accused of DUI even if no injury occurred.
Colorado DUI Penalties
Each state has its own DUI penalties. Under Colorado law, any person who operates a motor vehicle while under the influence of alcohol or drugs is in violation of the law. Individuals with a blood alcohol content greater than .05 but less than .08 can be charged with Driving While Ability Impaired, or DWAI. Those with BAC levels over .08 are presumed too intoxicated to drive by law and can be charged with Driving Under the Influence.
Blood alcohol tests, including breath, saliva, blood and urine, are used by law enforcement to determine a driver's level of impairment. Any person who drives in Colorado has consented to take a blood or breath test. Under this rule of consent, refusing to submit to alcohol and drug testing can have a serious impact on future driving privileges and a refusal can include criminal penalties at or greater than those for a first-time DUI offense.
For individuals convicted of DUI or DWAI, penalties are both administrative and criminal. Offenders can be sentenced to jail, pay fines, alcohol education and therapy, useful public service, and a Mother's Against Drunk Drivers victim impact panel. There will also be Department of Motor Vehicle driver license consequences. Some penalties may be mitigated through plea bargains or an offender's active participation in drug or alcohol treatment programs. First time offenders are entitled to a restricted driver's license with the use of an Ignition Interlock Device. An Ignition Interlock Device requires the driver to blow into a device to measure their BAC before the vehicle will start.
Individual Circumstances Bring a Wide Range of Potential Sentencing
Alcohol-related driving violations are not limited to misdemeanor traffic offenses. For those tragic instances where serious injury or death result from driving under the influence, the driver may face felony charges and a possible sentence that includes incarceration.
Individuals charged with DUI or DWAI are at risk of more than probation and a fine. There are multiple ways a DUI case can be resolved which is why it is important to consider hiring an experienced DUI/DWAI attorney to assist you through the process. It is worth the expense to have legal representation for your DUI case to ensure you receive the best possible outcome.
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