DEFENDING A FIRST DUI OFFENSE
Driving Under the Influence. Under Colorado law, a driver who drinks alcohol or takes drugs and is substantially incapable of safely operating a motor vehicle is Driving Under the Influence or DUI. This is a strict liability offense. This is sometimes called Driving While Intoxicated.
Penalties for a first time DUI – DWI include:
- A jail sentence up to one year (and perhaps even more).
- Judges will likely impose an actual jail sentence to be served.
- Probation can be imposed for up to two years.
- The fines and costs are very high and can exceed $1400.
- The driver must submit to an alcohol evaluation and attend and complete classes and therapy as recommended.
- A victim’s impact panel will be required.
- Restitution will be imposed.
- Useful Public Service is required. This is usually from 48 hours up to 96 hours.
- Loss of your driver’s license on an alcohol related revocation.
- Loss of a driver’s license on a point suspension.
- A DUI carries 12 points against your driver’s license.
DUI PER SE – FIRST OFFENSE.
- Under Colorado law, a driver whose BAC is above a .008 at the time of driving or within a reasonable period of time thereafter is DUI-Per Se.
- The same penalties noted above for DUI and DWI apply.
WHAT GOES INTO A PLEA OFFER?
- The prosecutor need not make you a plea offer.
- A plea offer in a DUI case is usually conditioned upon a number of factors.
- If you are charged with a DUI First Offense, the Prosecutor will likely look at the following factors:
- How bad was the driving;
- Does the driver have a criminal history;
- Where did the driving take place;
- Was there an accident;
- Were there any injuries;
- Injuries include persons or animals.
- Was there property damage;
- Was anyone put at risk.
- Were children in the vehicle.
- Did the driver submit to a blood or breath test;
- What was the BAC result;
- Was there a refusal to submit to a chemical test;
- Was the driver polite and respectful;
- Is the driver taking responsibility;
- Was the driver in possession of any other drugs or intoxicants;
- Was there marijuana or a open container in the vehicle.
- Is the driver enrolled in state certified alcohol education classes?
Call (303) 753-0900 for a FREE initial consultation.
Depending on the underlying facts of a case, the deputy district attorney “may” offer a reduced plea of “Driving While Ability Impaired-First Offense”.
- The maximum jail sentence is often reduced to six months.
- The fines and costs are reduced.
- Any jail imposed can be suspended.
- Note: Some judges will impose an actual jail sentence to be served.
- The driver will likely be placed on DUI Probation for up to a year.
- The driver will submit to an alcohol evaluation and attend and complete classes and therapy as recommended.
- A victim’s impact panel will be required.
- Restitution will be imposed.
- Useful Public Service is usually significantly reduced.
Peter Albani has long been considered one of the most successful DUI defense lawyers in Colorado.
Call Albani Law at (303) 753-0900
Facing a criminal DUI charge alone can be a daunting task. You should at least speak with an attorney before you decide how to proceed on your case. The State will have an attorney and so should you.
RED FLAGS THAT WEIGH IN FAVOR OF HIRING COUNSEL TO HELP WITH YOUR DUI
- If any of the following factors exist in your DUI - First Offense case, you should strongly consider hiring counsel.
- Poor driving
- A poor driving history
- No valid driver’s license.
- A Suspended license or Revoked License.
- Driving in a restricted zone like a school zone.
- A high BAC
- A low BAC
- Refusing to take a chemical test
- Children in the car
- An accident
- Any Injuries of any kind to persons or animals
- Property damage
- Other drivers and pedestrians at risk
- Poor attitude with DUI officers
- Poor attitude towards the Court or District Attorney
If you are a licensed professional, a DUI is likely to affect your professional license.
