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How Successive Colorado DUI Offenses Stack Up

By Peters & Nolan, LLC on April 1, 2022

DUI in Colorado

Whether you are a “cocktail every once in a while” kind of person or a social drinker on the weekends, it is important to know your limits when it comes to alcohol. You may be thinking you know when you have had too much, but what you need to know is when the state of Colorado deems you unfit to drive a car. Every body type metabolizes alcohol at different rates, therefore there is no two drink rule or three drink rule when it comes to driving under the influence. The only thing that matters is your blood alcohol concentration, or BAC.

Levels of Penalties

Colorado law says that if you get behind the wheel with a BAC of 0.08% or higher, you will be arrested for DUI. There are both criminal and administrative penalties for driving drunk which include paying fines, jail time, community service, and suspension of your driver’s license. If you repeat these offenses the repercussions stack up. Here is what successive DUI’s look like in Colorado:

  • First DUI: This traffic misdemeanor includes 5 days or up to 1 year in jail, 48 to 96 hours of community service, court costs plus fines of $600- $1,000, revocation of driver’s license for up to 9 months plus 12 DMV points. There is the possibility of Alcohol Education classes and up to 2 years of probation. If your BAC was 0.20% or higher jail time will be mandatory. If your BAC was 0.15% or higher you will be designated a persistent drunk driver, or PDD, and charged as a repeat offender even if it was your first offense.
  • Second DUI: Adding a second starts with 10 days to 1 year in jail, 48 to 120 hours in service to your community, fines of $600-$1,500 along with the costs that come with going to court, suspension of license for up to 1 year and 12 DMV points, Level II Alcohol Education classes, and use of an Ignition Interlock Device, or IID, for up to 2 years after the reinstatement of your license. An IID is a handheld breathalyzer installed in your car that will not allow your engine to start if your BAC is over the limit.
  • Third DUI: After your third DUI jail time increases to a minimum of 60 days to 1 year, 48 to 120 hours of community service, fines ranging between $600 and $1,500 and court costs too, driver’s license suspension of 2 years with 12 DMV points, Level II Alcohol Education classes, and IID for 2 years following your driver’s license reinstatement.

After these three strikes, if this pattern continues, you will be charged with a felony. That goes on your permanent record and can seriously impact every aspect of your life.

How to Protect Yourself

When you get pulled over you should remain calm and respectful. Give the officer your name and your identification when they ask. You are not obligated to consent to a field sobriety test or a handheld breath test. You can request to have a blood test administered. If you refuse any sort of testing the officer will serve you with an Express Consent Affidavit and Notice of Revocation. That will give you seven days to request a hearing with the DMV, and if you fail to do so your license will be revoked on day eight. What you will need is an experienced DUI attorney. Peters & Nolan, LLC, will work to get your sentence reduced and your charges too. Call us for a consultation (970) 243-4357.

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Peters & Nolan, LLC is your ideal source for high quality legal representation throughout the state of Colorado. Known for being personable and responsive, attorneys Andrew J. Peters and Andrew Nolan are aggressive trial lawyers with an excellent record of trying and settling cases in criminal defense, DUI/DWAI and personal injury.