Denver Colorado DUI

DUI Defined

DUI is defined as driving under the influence of alcohol or drugs so that the driver is “substantially incapable” of safely operating a vehicle. Driving with an alcohol content of .08 or greater is also DUI. Colorado has created a lesser offense called DWAI, “driving while ability impaired.” DWAI only requires impairment “to the slightest degree” and may be inferred by an alcohol content of .05.

Even on a first time DUI or DWAI offense, jail time is a real possibility. You also will be facing fines, court costs, public service hours, alcohol classes, and probation. The maximum penalty for a first time DUI conviction is one year in jail. The maximum penalty for DWAI is six months in jail. The Orr Law Firm will fight to keep you out of jail. Second or third offenses often result in or require jail. You need help to avoid or minimize any jail time the District Attorney may be seeking on these offense.

In recent years, DUI enforcement has increased dramatically. Hardly a year goes by without the legislature making it easier to catch and prosecute citizens for drinking and driving. Our advice is simple: Don’t Drink and Drive. But, what if you are stopped for DUI? What are your rights? How are the police supposed to treat you? How do prosecutors handle your case? What about your driver’s license?

Colorado DUI Case Examples

• Vehicular Assault
• Vehicular Homicide
• DUI - Driving under the Influence
• DWAI - Driving While ability impaired
• DUID - Driving under the influence of Drugs
• Administrative hearings
• License revocation hearings
• License rehearing or PDL's Provisional Drivers license
• Driving under suspension
• Driving under revocation
• Speeding
• Driving with out a license
• Driving with out proof of insurance
• Hit and Run -- Leaving the scene of an accident

Denver Colorado Blood Alcohol Level

The Blood Alcohol limit in Colorado is .08 for DUI and .05 for DWAI..

How many drinks does it take to get a blood alcohol level of .08 percent? That depends on a lot of different factors, such as your age, weight, sex, amount of food in your stomach and your alcohol tolerance level. You find out what your blood alcohol level would be, on average, with our blood alcohol calculator.

Legal Rights

I was arrested for a DUI but the police officer never read me my rights. Will the case be dismissed?

Usually, the answer is no. Police are only required to read you Miranda warnings if you are placed into custody and then questioned.

Do I have to do roadside maneuvers like touching my nose or walking a line?

No you don't. Those roadside maneuvers as they are called by police are voluntary. You have every right to decline to participate.

Do I have to take a blood or breath test?

No you don't. However, if you refuse to take a chemical test your license is likely to be revoked for 1 year. If you take the test and your result is too high your license is likely to be revoked for 90 days on first offenses.

A sample of a person’s blood, saliva, or urine or the collection and preservation of a delayed breath alcohol specimen is not required. This paragraph (c) shall not prevent the necessity of establishing during a trial that the testing devices used were working properly and that such testing devices were properly operated. Nothing in this paragraph (c) shall preclude a defendant from offering evidence concerning the accuracy of testing devices.

If a person refuses to take or to complete, or to cooperate with the completing of, any test or tests as provided in section 42-4-1301.1 and such person subsequently stands trial for DUI or DWAI, the refusal to take or to complete, or to cooperate with the completing of, any test or tests shall be admissible into evidence at the trial, and a person may not claim the privilege against self-incrimination with regard to admission of refusal to take or to complete, or to cooperate with the completing of, any test or tests.

Involuntary blood test - admissibility. Evidence acquired through an involuntary blood test pursuant to section 42-4-1301.1 (3) shall be admissible in any prosecution for DUI, DUI per se, DWAI, habitual user, or UDD, and in any prosecution for criminally negligent homicide pursuant to section 18-3-105, C.R.S., vehicular homicide pursuant to section 18-3-106 (1) (b), C.R.S., assault in the third degree pursuant to section 18-3-204, C.R.S., or vehicular assault pursuant to section 18-3-205 (1) (b), C.R.S.

Chemical test - admissibility. Strict compliance with the rules and regulations prescribed by the department of public health and environment shall not be a prerequisite to the admissibility of test results at trial unless the court finds that the extent of noncompliance with a board of health rule has so impaired the validity and reliabilityof the testing method and the test results as to render the evidence inadmissible. In all other circumstances, failure to strictly comply with such rules and regulations shall only be considered in the weight to be given to the test results and not to the admissibility of such test results.

It shall not be a prerequisite to the admissibility of test results at trial that the prosecution present testimony concerning the composition of any kit used to obtain blood, urine, saliva, or breath specimens. A sufficient evidentiary foundation concerning the compliance of such kits with the rules and regulations of the department of public health and environment shall be established by the introduction of a copy of the manufacturer’s or supplier’s certificate of compliance with such rules and regulations if such certificate specifies the contents, sterility, chemical makeup, and amounts of chemicals contained in such kit.

In any trial for a violation of this section, the testimony of a law enforcement officer that he or she witnessed the taking of a blood specimen by a person who the law enforcement officer 42-4-1301 224 Vehicles and Traffic reasonably believed was authorized to withdraw blood specimens shall be sufficient evidence that such person was so authorized, and testimony from the person who obtained the blood specimens concerning such person’s authorization to obtain blood specimens shall not be a prerequisite to the admissibility of test results concerning the blood specimens obtained.

(I) Following the lawful contact with a person who has been driving a vehicle, and when a law enforcement officer reasonably suspects that a person was driving a vehicle while under the influence of or while impaired by alcohol, the law enforcement officer may conduct a preliminary screening test using a device approved by the executive director of the department of public health and environment after first advising the driver that the driver may either refuse or agree to provide a sample of the driver’s breath for such preliminary test; except that, if the driver is under twenty-one years of age, the law enforcement officer may, after providing such advisement to the person, conduct such preliminary screening test if the officer reasonably suspects that the person has consumed any alcohol.

(II) The results of this preliminary screening test may be used by a law enforcement officer in determining whether probable cause exists to believe such person was driving a vehicle in violation of this section and whether to administer a test pursuant to section 42-4-1301.1

(III) Neither the results of such preliminary screening test nor the fact that the person refused such test shall be used in any court action except in a hearing outside of the presence of a jury, when such hearing is held to determine if a law enforcement officer had probable cause to believe that the driver committed a violation of this section. The results of such preliminary screening test shall be made available to the driver or the driver’s attorney on request.

Denver Colorado DUI Penalties

The penalties for drunk driving are serious.

Punishment for first time offenders includes suspension of driving privileges, points on your driver’s license, and fines. Punishment for second and subsequent offenses increases significantly and usually means jail time.

Average penalties for DUI Offenses:

Things To Know If You Get Pulled Over For A Colorado DUI/DWAI

• In many cases you only have 7 days to respond in order to preserve your rights.
• Always be courteous to the officers.
• You do not have to help the officers make a case against you.
• Field sobriety tests are voluntary.
• You have the choice of blood, breath or refusal.
• You cannot talk to an attorney before choosing.
• Refusal carries a mandatory 1 year suspension of your driving privileges.
• Roadside breath tests (PBTs) are voluntary! They cannot be used to prove guilt in court, but can be used as evidence supporting arrest.
• CO DWAI = 0.05        CO DUI = 0.08

Colorado SR22 FAQs

Anyone Colorado resident who has had their drivers' license revoked for driving under the influence in Colorado is required by the Department of Revenue to obtain "Proof of Insurance" prior to reinstatement of their driving privilege. This form of insurance, known as a "SR22," requires the insurance carrier to report any lapse in insurance coverage to the Colorado Motor Vehicle Division. The SR22 must be maintained for a period equal to the duration of the revocation, e.g., three months for a first time revocation.

Q: What is an SR-22?

An SR-22 is a certificate mandated by the state to verify than an individual is maintaining auto insurance liability coverage after a driver’s license has been suspended or revoked. It is a special documentation that proves you have insurance and financial responsibility.

Q: How do I know if I need SR-22?

SR-22s are required for license suspensions or revocations. This can include: DUI’s, driving without insurance, repeat traffic offenses, etc. Please contact your local DMV to find out if you need an SR-22

Q: How long do I carry SR-22?

You will be required to carry SR-22 for a specific period of time, generally up to three years. Your SR-22 will expire once you have properly fulfilled that period of time. If you allow your policy to lapse or you cancel it, your auto insurance company is required to notify the state immediately and your license could be revoked or suspended again.

Q: What happens if I move to another state?

SR-22s are state specific. You must always meet the requirements of the SR-22 set by the state where the offense was committed. For example, if you currently carry an SR-22 and move to a state that that does not require an SR-22, you still must properly fulfill the requirements of the SR-22 in the state it was originally issued in. Additionally, your new insurance policy must have liability limits which meet the minimums required by law in your former state.

Q: If I don’t own a vehicle but my license has been suspended/revoked, do I still need an SR-22?

If you do not own a vehicle, but want to keep your driver’s license, then yes, you still need to purchase SR-22; the SR-22 can be included on a non-owner’s policy. This will keep you insured whether you are driving someone else’s vehicle.

Colorado DUI Breath Test

DUI testing measures chemicals which are found in exceedingly small quantities in the human body. So small in fact, that the slightest error could be cause enough to have the case thrown out. The Colorado police are required to follow written regulations when processing either breath or blood tests. If you can show that the police utilized careless procedures which violated the regulations, you may be able to save your license or obtain a plea bargain.

Denver Colorado DUI Testing

Chemical Test: test or test(s) consisting of "breath", "blood" and/or "urine". Breath tests in Colorado are usually given by a Colorado state approved machine. Blood tests are administered by drawing blood with a needle from your arm. Urine tests are administered by collection of your urine.

Field Sobriety Test(s) [FST's]. These are not chemical tests. They generally consist of Horizontal Gaze Nystagmus (HGN), Walk and Turn, and One Leg Stand.