First Offense DUI Attorney in Arvada

Arrested for a First DUI in Arvada? Get Help Now

Facing a DUI charge in Arvada, CO can be overwhelming, especially for first-time offenders. At Orr Law Firm, we understand the stakes involved and provide empathetic yet robust representation to defend your rights and driving privileges. Our experienced team navigates the complexities of local DUI laws to guide you through each step of the legal process.

Whether you're just arrested or awaiting your court date, having a reliable attorney by your side can make a significant difference in the outcome of your case. 

We start by thoroughly reviewing the details surrounding your arrest, analyzing every aspect from the legality of the stop to the accuracy of field sobriety tests. This comprehensive approach allows us to build a defense that's not only strategic but also tailored to the nuances of your situation.

Speak with a knowledgeable first offense DUI attorney in Arvada today. We’re available 24/7, offer affordable rates, and provide free consultations to help you move forward. Call (303) 747-4247 or reach out online now!

Understanding Colorado's First Offense DUI Laws

Colorado Revised Statutes (C.R.S.) § 42-4-1301 defines Driving Under the Influence (DUI) and Driving While Ability Impaired (DWAI). The specific charge depends on the level of impairment or Blood Alcohol Concentration (BAC). Even a first offense can trigger severe penalties. A first offense DUI lawyer in Arvada will immediately clarify the precise charge you are facing.

Driving Under the Influence (DUI - C.R.S. § 42-4-1301(1)(a)):

This is the most serious level of impairment.

• Definition: Driving when, because of alcohol, drugs, or both, you are substantially incapable, mentally or physically, to safely operate a motor vehicle.
• BAC Threshold: Presumed if your BAC is 0.08% or higher (known as "DUI per se"). You can also be charged with DUI even if your BAC is below 0.08% if evidence of impairment is sufficient.
• Classification: First offense DUI is a misdemeanor.

Driving While Ability Impaired (DWAI - C.R.S. § 42-4-1301(1)(g)):

This is a lesser degree of impairment than DUI.

• Definition: Driving when, because of alcohol, drugs, or both, your ability to operate a motor vehicle is impaired to the slightest degree.
• BAC Threshold: Presumed if your BAC is above 0.05% but less than 0.08%. Like DUI, it can also be charged if your BAC is lower but impairment is evident.
• Classification: First offense DWAI is a misdemeanor, but generally carries less severe penalties than a first DUI.

Underage Drinking and Driving (UDD - C.R.S. § 42-4-1301(2)(a.5)) - "Baby DUI":

This is Colorado's "Zero Tolerance" law for drivers under 21.

• Definition: Driving with a BAC of at least 0.02% but not more than 0.05%.
• Classification: First offense UDD is a Class A Traffic Infraction, not a criminal offense, meaning no jail time. However, it still carries significant administrative penalties.

Driving Under the Influence of Drugs (DUID):

Colorado's DUI/DWAI laws apply equally to impairment by drugs, including illegal drugs, prescription medications (even if lawfully prescribed and taken as directed, if they cause impairment), or over-the-counter drugs. 

Drug DUI cases often rely on officer observations, Field Sobriety Tests (FSTs), and blood or urine tests. The interpretation of toxicology results (e.g., active drug vs. metabolites) is critical and complex in these cases.

A first offense DUI lawyer in Arvada will immediately determine the precise charges and potential penalties based on your BAC level, any alleged drug involvement, and any other aggravating factors.

Penalties for First Offense DUI / DWAI Convictions in Colorado

The penalties for a first offense DUI or DWAI conviction in Colorado are substantial and designed to deter impaired driving. It's crucial to understand that these are often mandatory minimum penalties upon conviction.

First Offense DUI (BAC 0.08% or higher, or impaired):

• Jail Time: 5 days to 1 year in jail. (Minimum 5 days is mandatory, but a judge may suspend some or all of this jail time if you complete an alcohol/drug education and treatment program).
• Fines: $600 to $1,000 (plus court costs and surcharges).
• Useful Public Service (UPS): 48 to 96 hours.
• DMV Points: 12 points assessed to your driving record (leading to a mandatory license revocation).
• License Revocation: Mandatory 9-month revocation.
• Alcohol/Drug Evaluation & Therapy: Mandatory evaluation and completion of any recommended education or treatment programs (often Level II, including 24 hours of education and 26 two-hour therapy sessions).
• Probation: Up to 2 years, with strict conditions.
• Ignition Interlock Device (IID): Required for at least 8 months to 2 years to obtain a probationary license during the revocation period, or to reinstate full driving privileges early.
• SR-22 Insurance: Required for at least two years.

Administrative License Revocation (ALR) Process for First Offense DUI

Separate from your criminal court case, the Colorado Department of Revenue (CDOR) Division of Motor Vehicles (DMV) will initiate an Administrative Revocation (ALR) of your driver's license upon a DUI arrest. This revocation is independent of, and often occurs before, any criminal conviction.

Under Colorado's Express Consent Law, by operating a vehicle, you are deemed to have given your consent to chemical tests (breath or blood) if an officer has probable cause to believe you are impaired.

You have only 7 calendar days from the date of arrest to request an Express Consent Hearing with the CDOR to challenge this administrative revocation. If you fail to request this hearing within the deadline, your license will automatically be revoked.

ALR Revocation Periods (for first offense):

• Failed Test (BAC 0.08% or higher): 9-month license revocation.
• Refusal to Test: Mandatory 1-year license revocation. This is a severe penalty, and the fact of refusal can also be used as evidence against you in your criminal case.