Colorado DUI per se: How can attorneys help you after a DUI arrest?

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Drunk driving not only puts the life of the driver in danger, but it also poses a risk to his or her co-riders, other vehicles on the road and the pedestrian. It is no way brave or smart to drive oneself home after drinking. When a person becomes substantially incapable of operating heavy machinery due to the consumption of drugs, or alcohol or both, the state law considers him or her to be driving under the influence.

Why are DUI laws confusing for Colorado residents?

It is true that the same amount of alcohol affects different people differently. Similarly, the same dose of prescription medication can impact the health and consciousness of two people differently. One person might feel completely intoxicated when his or her blood alcohol concentration (BAC) reaches 0.05, while another person might be able to make conscious decisions and retain substantial control over his movements with a BAC above 0.1. Such disparity has led the state to declare a legal limit for BAC. In Colorado, the legal limit of BAC for driving is 0.08.

Any person driving an automobile with a BAC above 0.08 can and will face a DUI charge. It is true irrespective of how alcohol or any other substance affected the person’s driving. Lawyers and law professionals refer to this as Colorado’s DUI per se.

What does the first DUI conviction entail?

The first DUI conviction in Colorado typically includes the following –

  1. It is a misdemeanor charge that goes down in criminal record.
  2. It can involve jail time of up to one-year.
  3. DUI conviction can result in a penalty of $1000.
  4. It can result in the revocation of one’s driving privilege for a year.
  5. DUI conviction can include up to 96 hours of community service.
  6. It can result in increased automobile insurance costs.

Who is a PDD? Why should you avoid becoming one?

The worst-case scenario for anyone facing DUI charges is that they become a persistent drunk driver (PDD) in Colorado. That usually happens when a person has a high blood alcohol content, or the person is a repeat offender. In that case, the DMV has the right to take away the person’s driving license.

A person receives a persistent drunk driver designation if –

  1. The state convicts a person of two or more DUI or DWAI violations.
  2. The Colorado DMV revokes a person’s license for two or more DUI or DWI violations.
  3. The person has been driving after the DMV has suspended his or her license after alcohol or drug-related driving offenses.
  4. The person has refused to take DUI chemical/blood tests after a DWAI, DUI or UDD arrest in Colorado.

As of January 1, 2014, a BAC of 0.15 is enough to attract a PDD designation to a licensed driver.

How can one get his or her driver’s license back after receiving a PDD designation?

The only way to get his or her driving license back is by –

  1. Completing a Level II drug and alcohol education and treatment program.
  2. Agreeing to install an interlock ignition system on the vehicle for the next two years.
  3. By providing proof of financial responsibility for the next two years.

Who can face DUI charges?

The DUI laws in Colorado are stringent. Sometimes, people face DUI or DWI charges for no fault of their own. Particular medication and medical conditions can cause momentary inebriation or the loss of one’s ability to make conscious decisions. When a patrolling officer arrests someone and charges the person with DUI, it becomes next to impossible to convince the state about his or her innocence without a working knowledge of DUI laws.

What to do if you face drunken driving charges?

In such circumstances, it is imperative for a person to contact an experienced DUI lawyer in Colorado. A legal professional has the resources and knowledge to fight the DUI charges. Since the DUI breath analyzer test and DUI blood tests may be erroneous, the DUI attorney knows the ways to challenge the results. It is essential to have someone, who can uphold the truth in the court. 

Without expert legal help, it is possible for completely innocent victims to receive sentences for DUI or DWI. It is safe to say that these convictions can be costly for a person. He or she will not only have to pay penalties, but he or she might also have to serve time and lose driving privileges for the time being. To prevent such misfortune, one must make use of their calling privilege and speak with their DUI attorney. Contact DWI Denver Lawyer for more information.

The next time you leave home for a ride, don’t forget to save your DUI attorney’s contact details on speed dial. The only way to improve your chances of challenging drunk driving charges is by knowing whom to call at the right time!

April 25, 2019 · Tim Kevan · Comments Closed
Posted in: Uncategorized