Self-defense is a widely recognized defense to certain criminal charges. Under Colorado law, individuals accused of a crime may argue that their actions were justified because they were protecting themselves or others from harm. This blog will explain what self-defense requires, when deadly force is justified, the Castle Doctrine, and what it means for self-defense to be an “affirmative defense.”
1. What Does Self-Defense Require to Be Legally Effective in Colorado?
In Colorado, self-defense is governed by C.R.S. § 18-1-704, which outlines when a person is justified in using physical force to defend themselves or someone else.
For self-defense to be legally effective, a defendant must show that:
They reasonably believed that the use of force was necessary to protect themselves or another person from the imminent use of unlawful physical force.
The level of force used was proportional to the threat they faced. In other words, the force cannot exceed what is necessary to neutralize the threat.
It’s important to note that self-defense requires a “reasonable belief” that force was necessary. This means the belief must be one that a reasonable person in the same situation would hold. Even if the threat later turns out to have been exaggerated or mistaken, as long as the defendant’s belief was reasonable at the time, self-defense may still apply.
However, there are limitations:
A person cannot claim self-defense if they were the initial aggressor (unless they withdrew and clearly communicated that intent before the other person escalated the situation).
Self-defense does not apply if the force was used in response to verbal threats alone.
Is Colorado a “Stand your ground” State? Colorado does not require a person to retreat (or run away) to lawfully claim self-defense or defense of others.
Is Colorado a “Castle Doctrine” State? Yes. This is also called a “Make my day” provision. What this means is that you may claim self-defense when:
An intruder unlawfully enters your home, and
You have reason to believe they have committed a crime, and
You have reasonable grounds to believe the intruder may use physical force against you or an occupant of the home.
2. When Is Deadly Self-Defense Allowed in Colorado?
Deadly force in self-defense is a much more serious matter and is permitted only under specific circumstances. According to Colorado law, deadly force may be used when:
The individual reasonably believes that they or someone else is facing imminent danger of death or serious bodily injury.
The use of deadly force is necessary to prevent the threat of death or serious harm.
For example, if someone is attacked with a weapon such as a knife, gun, or any object that could cause serious harm, the use of deadly force might be justified. Similarly, deadly force may be appropriate to stop a violent attack, such as a life-threatening assault or home invasion.
However, deadly force cannot be used when:
The defendant is responding to a minor physical altercation that does not pose a risk of serious harm.
The defendant provoked the use of unlawful force (unless they clearly withdrew from the conflict).
To justify deadly self-defense, the threat must be immediate and unavoidable. If there was an opportunity to retreat safely, this can factor into whether the use of deadly force was reasonable, though Colorado does not impose a strict duty to retreat before defending oneself.
What types of charges commonly raise Self-defense claims? Many violent charges could potentially raise a self-defense claim, but the most common charge I see is self-defense as a defense to assault.
Always remember, in Colorado your use of self-defense has to be reasonable. In Colorado, you can only use a degree of physical force which you reasonably believe to be necessary for that purpose.
3. Colorado’s Castle Doctrine
Colorado’s Castle Doctrine, established under C.R.S. § 18-1-704.5, provides individuals with significant protections when defending themselves in their homes.
The Castle Doctrine allows a person to use deadly force against an intruder if:
The intruder has made an unlawful entry into the individual’s dwelling.
The resident has a reasonable belief that the intruder intends to commit a crime in the dwelling or use physical force against an occupant.
The resident believes that deadly force is necessary to protect themselves or others.
The key element of the Castle Doctrine is the presumption that an unlawful intruder poses an imminent threat. Unlike general self-defense laws, the Castle Doctrine does not require a homeowner to retreat or assess whether less deadly means of force could be used. This protection is based on the idea that individuals have the right to feel safe in their homes.
Colorado’s Castle Doctrine applies to dwellings, which are generally defined as places where people live, including houses, apartments, and other residences. It does not extend to vehicles or businesses, though general self-defense laws may still apply in those situations.
In short, if someone breaks into your home, has/is committing a crime, and you reasonably believe they pose a threat, you are legally justified in using deadly force to defend yourself and your family. However, you may still be charged with a crime, and you will have to raise a defense of self-defense at trial and hope that a jury agrees that your actions were reasonable.
4. What Does It Mean for Self-Defense to Be an “Affirmative Defense”?
Self-defense is considered an affirmative defense in Colorado. This means that instead of simply denying the charges against them, the defendant is admitting to the conduct (e.g., using physical force) but arguing that it was legally justified.
Here’s how an affirmative defense works:
The burden of proof initially falls on the defense to introduce evidence that self-defense was justified.
Once self-defense is raised as an affirmative defense, the prosecution must disprove self-defense beyond a reasonable doubt.
For example, in a case involving assault charges, the defendant might argue that they struck the alleged victim only because they were being attacked first. If the evidence supports a reasonable belief that the force was justified, the burden shifts to the prosecution to prove that the defendant’s actions were not legally justified.
By framing self-defense as an affirmative defense, the law ensures that individuals can justify their actions while still holding the prosecution to the high standard of proof required in criminal cases.
Conclusion
Self-defense is a fundamental legal right, but it must be applied carefully and within the boundaries of Colorado law. Whether it’s general self-defense, the use of deadly force, or protections under the Castle Doctrine, individuals must show that their actions were reasonable and necessary under the circumstances. As an affirmative defense, self-defense can be a powerful argument in court, but it places certain responsibilities on the accused to justify their actions.
If you are facing criminal charges and believe you acted in self-defense, it is crucial to speak with an experienced criminal defense attorney. At the McDowell Firm, we understand the complexities of self-defense laws in Colorado and are committed to building a strong defense on your behalf.
Need Legal Advice? If you or a loved one has been charged with a crime in Colorado Springs and you believe self-defense applies, contact us today for a consultation. Protect your rights and let us fight for you.
from McDowell Law Firm https://mcdowellfirm.com/self-defense-as-an-affirmative-defense-to-certain-crimes-in-colorado/
https://mcdowellfirm.com/practice-area/dui-defense/
If a loved one has been arrested, one of the first priorities is finding a way to get them released from jail as quickly as possible. Understanding the bail and bond process in Colorado is essential to navigate this often stressful situation. This blog will explain how to bond someone out of jail, the types of bonds available (including cash, surety, and property bonds), whether some bonds are cash-only, and what a personal recognizance (PR) bond entails.
How to Bond Someone Out of Jail
When someone is arrested in Colorado, they are typically held in jail until they can post bond or bail. Bond allows the individual to be released from custody while ensuring that they will appear in court for their scheduled hearings.
Here are the steps to bond someone out of jail:
1. Determine the Bond Amount:
After an arrest, a judge or magistrate will set the bond amount based on factors like the severity of the charges, the defendant’s criminal history, and their ties to the community.
The bond amount may be set at the initial court appearance (often referred to as an arraignment) or by a pre-set bail schedule.
2. Contact the Jail:
Call the jail or detention center where your loved one is being held to confirm the bond amount, payment options, and acceptable forms of bond (cash, surety, or property).
3. Pay the Bond:
Depending on the bond type, you can pay with cash, use a bondsman, or secure the bond with property. We will discuss each type in detail below.
4. Complete the Paperwork:
Once the bond is paid or secured, you will need to fill out the necessary paperwork to finalize the release.
5. Release from Custody:
After the bond is processed, the defendant will be released, usually within a few hours.
Types of Bonds in Colorado
There are several types of bonds that can be used to secure someone’s release from jail. The type of bond allowed will depend on the specific circumstances of the case and the judge’s orders.
1. Cash Bonds
A cash bond requires the full bond amount to be paid in cash (or by certified funds such as a money order or cashier’s check). Once the case is concluded and the defendant has appeared for all court dates, the bond is refunded, minus any court fees or fines.
Example: If the bond is set at $2,000, you must pay the full $2,000 to secure the defendant’s release.
Cash bonds are straightforward but can be challenging for those who do not have immediate access to large sums of money.
2. Surety Bonds
A surety bond involves working with a licensed bail bondsman who posts the bond on your behalf. In exchange, you pay the bondsman a non-refundable fee (usually 8-15% of the bond amount).
The bondsman acts as a guarantor, ensuring the defendant appears in court.
If the defendant fails to appear, the bondsman may hire a bounty hunter to locate them and bring them back to custody.
Example: If the bond is set at $5,000, you would pay the bondsman $500 to $750 as a fee. You don’t get this money back at the end of the case.
3. Property Bonds
A property bond allows you to use real estate as collateral to secure the defendant’s release. The value of the property must generally be at least equal to the bond amount, and you must provide proof of ownership, such as a property deed.
If the defendant fails to appear in court, the court can place a lien on the property or even foreclose to cover the bond amount.
Property bonds can take longer to process because they require an assessment of the property’s value and ownership documentation.
4. Cash-Only Bonds
In some cases, a judge may require a cash-only bond, meaning you cannot use a bondsman or property to secure the bond. This typically occurs when the court has concerns about the defendant’s reliability, such as prior failures to appear in court.
Example: If the bond is set at $1,000 cash-only, you must pay the full $1,000 in cash or certified funds. No other bond options are allowed. This money can be returned at the end of a case. It can also be used towards fines, fees and court costs .
What Is a Personal Recognizance (PR) Bond?
A Personal Recognizance (PR) Bond is a type of bond that does not require any payment upfront. Instead, the defendant is released based on their promise to appear in court and comply with any conditions set by the judge.
PR bonds are typically granted in cases involving:
Non-violent offenses
Defendants with no significant criminal history
Defendants who pose minimal flight risk
To qualify for a PR bond, the defendant must:
Demonstrate strong ties to the community (e.g., stable employment, family connections).
Convince the court that they are unlikely to miss future court appearances.
If the defendant fails to appear in court, the PR bond can be revoked, and additional charges for failure to appear may be filed.
How to Bond Someone Out Without Money
If you do not have money to post bail, there are still options to secure the release of a loved one:
1. Request a PR Bond:
During the defendant’s initial court appearance, the attorney can request a PR bond.
Provide evidence of strong community ties, employment, and other factors that show the defendant is not a flight risk.
2. Use a Bail Bondsman:
Even if you do not have the full bond amount, you may be able to afford the bondsman’s fee (typically 8-15%).
Some bondsmen offer payment plans or financing options for their fees. This will typically require some money, but not nearly as much as a cash bond.
3. Property Bond:
If you own real estate, you can use it to secure a property bond instead of paying cash.
4. Seek Legal Representation:
An experienced criminal defense attorney can argue for a bond reduction or a PR bond during a bond hearing.
Bond amounts are not set in stone, and judges have the discretion to adjust them based on the defendant’s circumstances.
5. Bond Reduction Hearing:
If the initial bond is unaffordable, your attorney can request a bond reduction hearing to argue for a lower amount.
El Paso County Jail Information
If your loved one is in custody, you can verify their location using the El Paso County Sheriff’s Office Inmate Locator tool: El Paso County Inmate Locator.
For bonding and visitation information, you can contact the Criminal Justice Center (CJC) in Colorado Springs:
Address: 2739 E. Las Vegas Street, Colorado Springs, CO 80906
If a loved one has been arrested, one of the first priorities is finding a way to get them released from jail as quickly as possible. Understanding the bail and bond process in Colorado is essential to navigate this often stressful situation. This blog will explain how to bond someone out of jail, the types of bonds available (including cash, surety, and property bonds), whether some bonds are cash-only, and what a personal recognizance (PR) bond entails.
How to Bond Someone Out of Jail
When someone is arrested in Colorado, they are typically held in jail until they can post bond or bail. Bond allows the individual to be released from custody while ensuring that they will appear in court for their scheduled hearings.
Here are the steps to bond someone out of jail:
1. Determine the Bond Amount:
After an arrest, a judge or magistrate will set the bond amount based on factors like the severity of the charges, the defendant’s criminal history, and their ties to the community.
The bond amount may be set at the initial court appearance (often referred to as an arraignment) or by a pre-set bail schedule.
2. Contact the Jail:
Call the jail or detention center where your loved one is being held to confirm the bond amount, payment options, and acceptable forms of bond (cash, surety, or property).
3. Pay the Bond:
Depending on the bond type, you can pay with cash, use a bondsman, or secure the bond with property. We will discuss each type in detail below.
4. Complete the Paperwork:
Once the bond is paid or secured, you will need to fill out the necessary paperwork to finalize the release.
5. Release from Custody:
After the bond is processed, the defendant will be released, usually within a few hours.
Types of Bonds in Colorado
There are several types of bonds that can be used to secure someone’s release from jail. The type of bond allowed will depend on the specific circumstances of the case and the judge’s orders.
1. Cash Bonds
A cash bond requires the full bond amount to be paid in cash (or by certified funds such as a money order or cashier’s check). Once the case is concluded and the defendant has appeared for all court dates, the bond is refunded, minus any court fees or fines.
Example: If the bond is set at $2,000, you must pay the full $2,000 to secure the defendant’s release.
Cash bonds are straightforward but can be challenging for those who do not have immediate access to large sums of money.
2. Surety Bonds
A surety bond involves working with a licensed bail bondsman who posts the bond on your behalf. In exchange, you pay the bondsman a non-refundable fee (usually 8-15% of the bond amount).
The bondsman acts as a guarantor, ensuring the defendant appears in court.
If the defendant fails to appear, the bondsman may hire a bounty hunter to locate them and bring them back to custody.
Example: If the bond is set at $5,000, you would pay the bondsman $500 to $750 as a fee. You don’t get this money back at the end of the case.
3. Property Bonds
A property bond allows you to use real estate as collateral to secure the defendant’s release. The value of the property must generally be at least equal to the bond amount, and you must provide proof of ownership, such as a property deed.
If the defendant fails to appear in court, the court can place a lien on the property or even foreclose to cover the bond amount.
Property bonds can take longer to process because they require an assessment of the property’s value and ownership documentation.
4. Cash-Only Bonds
In some cases, a judge may require a cash-only bond, meaning you cannot use a bondsman or property to secure the bond. This typically occurs when the court has concerns about the defendant’s reliability, such as prior failures to appear in court.
Example: If the bond is set at $1,000 cash-only, you must pay the full $1,000 in cash or certified funds. No other bond options are allowed. This money can be returned at the end of a case. It can also be used towards fines, fees and court costs .
What Is a Personal Recognizance (PR) Bond?
A Personal Recognizance (PR) Bond is a type of bond that does not require any payment upfront. Instead, the defendant is released based on their promise to appear in court and comply with any conditions set by the judge.
PR bonds are typically granted in cases involving:
Non-violent offenses
Defendants with no significant criminal history
Defendants who pose minimal flight risk
To qualify for a PR bond, the defendant must:
Demonstrate strong ties to the community (e.g., stable employment, family connections).
Convince the court that they are unlikely to miss future court appearances.
If the defendant fails to appear in court, the PR bond can be revoked, and additional charges for failure to appear may be filed.
How to Bond Someone Out Without Money
If you do not have money to post bail, there are still options to secure the release of a loved one:
1. Request a PR Bond:
During the defendant’s initial court appearance, the attorney can request a PR bond.
Provide evidence of strong community ties, employment, and other factors that show the defendant is not a flight risk.
2. Use a Bail Bondsman:
Even if you do not have the full bond amount, you may be able to afford the bondsman’s fee (typically 8-15%).
Some bondsmen offer payment plans or financing options for their fees. This will typically require some money, but not nearly as much as a cash bond.
3. Property Bond:
If you own real estate, you can use it to secure a property bond instead of paying cash.
4. Seek Legal Representation:
An experienced criminal defense attorney can argue for a bond reduction or a PR bond during a bond hearing.
Bond amounts are not set in stone, and judges have the discretion to adjust them based on the defendant’s circumstances.
5. Bond Reduction Hearing:
If the initial bond is unaffordable, your attorney can request a bond reduction hearing to argue for a lower amount.
El Paso County Jail Information
If your loved one is in custody, you can verify their location using the El Paso County Sheriff’s Office Inmate Locator tool: El Paso County Inmate Locator.
For bonding and visitation information, you can contact the Criminal Justice Center (CJC) in Colorado Springs:
Address: 2739 E. Las Vegas Street, Colorado Springs, CO 80906
Driving under the influence (DUI) is a serious offense, but for commercial drivers, the stakes are even higher. A Commercial Driver’s License (CDL) is more than just a driver’s license—it is a professional credential that allows individuals to operate commercial vehicles like trucks and buses. When a CDL holder is charged with a DUI, the consequences can be severe and career-ending. In this article, we’ll examine how DUI charges impact CDL eligibility, the consequences of a DUI for current CDL holders, and the specific laws in Colorado, including lower blood alcohol concentration (BAC) limits and lifetime bans.
Can You Get a CDL With a DUI on Your Record?
The short answer is yes, you can obtain a CDL with a prior DUI conviction—but it depends on the circumstances. Having a DUI does not automatically disqualify someone from obtaining a CDL. However, there are key factors that can influence eligibility:
State Regulations: Each state determines how long a DUI conviction stays on a driving record and how it impacts CDL eligibility. In Colorado, a DUI conviction remains on your driving record for life, but the immediate consequences typically impact your driving privileges for a set number of years.
Time Since the DUI: Most CDL training programs and employers require a clean driving record for a certain number of years (e.g., 3-5 years) before considering applicants. If the DUI is recent, it can be an obstacle to both obtaining a CDL and securing employment as a commercial driver.
Employer Policies: Many trucking and commercial transportation companies have strict hiring policies regarding DUI convictions. Even if you obtain a CDL, finding a job may be challenging.
In short, while it is legally possible to get a CDL with a DUI on your record, practical barriers—such as employer reluctance and state-imposed restrictions—can make it difficult.
What Happens to a CDL Holder Who Gets a DUI?
For CDL holders, a DUI is devastating. Commercial drivers are held to a higher standard than non-commercial drivers due to the size and weight of the vehicles they operate and the risk they pose on the road. Below is an overview of the consequences for CDL holders charged with or convicted of DUI:
1. Immediate Disqualification of CDL
Under federal and Colorado law, a first-time DUI offense will result in an automatic one-year disqualification of your CDL. This disqualification applies regardless of whether the driver was operating a commercial vehicle or a personal vehicle at the time of the offense.
First Offense: A one-year disqualification from holding a CDL.
Second Offense: A lifetime disqualification, which we will discuss later.
It is important to note that a CDL holder cannot obtain a “hardship” or restricted CDL to operate commercial vehicles during the disqualification period, even if the DUI occurred in a non-commercial vehicle.
2. Lower BAC Limits for CDL Holders
One of the most critical differences for CDL holders is the lower BAC threshold. In Colorado, the legal BAC limit for a DUI for non-commercial drivers is 0.08%. A DWAI (driving while ability impaired) is a BAC in excess of a .05%
However, for CDL holders, the limit is still lower:
BAC of 0.04%: If a CDL holder operates a commercial vehicle with a BAC of 0.04% or higher, they are considered to be driving under the influence and are subject to DUI charges.
Personal Vehicle: If a CDL holder is charged with a DUI while operating a personal vehicle with a BAC of 0.08% or higher, the consequences are the same as if they had been driving a commercial vehicle.
Because the BAC threshold for CDL holders is cut in half, the risk of being charged with a DUI is far greater. Even small amounts of alcohol can put a commercial driver over the legal limit.
3. Impact on Employment
Many trucking companies and employers will terminate CDL drivers following a DUI conviction. Even after completing the disqualification period and regaining a CDL, finding employment can be extremely difficult. Employers often view a DUI as a liability and may not be willing to hire a driver with a history of impaired driving.
How a CDL Driver Can Get a Lifetime Ban
A lifetime disqualification of a CDL is the most severe penalty a commercial driver can face. Under federal and Colorado state law, a lifetime ban can occur in the following scenarios:
Second DUI Offense: If a CDL holder is convicted of a second DUI, regardless of whether it occurred in a commercial or personal vehicle, they will receive a lifetime CDL disqualification. This is non-negotiable under federal regulations.
Felony Involving a Commercial Vehicle: A CDL holder who uses a commercial vehicle to commit a felony, such as drug trafficking, will face a lifetime ban.
Refusing a BAC Test: Refusing to submit to a BAC test (breathalyzer, blood, or urine) is treated as a DUI conviction and can count toward a lifetime disqualification.
While some states may allow CDL drivers to apply for reinstatement after 10 years under limited circumstances, Colorado follows strict federal regulations. CDL drivers should assume that a second DUI or serious violation will permanently end their commercial driving career.
Can You Fight a CDL DUI Charge?
If you are a CDL holder charged with a DUI, it is essential to seek experienced legal representation immediately. While the consequences are severe, there may be defenses available to challenge the charges or mitigate the penalties, such as:
Challenging the BAC Test: If the breathalyzer or blood test was improperly administered, it may be possible to have the results excluded as evidence.
Unlawful Traffic Stop: If the traffic stop leading to the DUI charge was not legally justified, the case may be dismissed.
Errors in DUI Procedures: Law enforcement must follow specific procedures during DUI arrests. Any deviation may provide grounds to challenge the charges.
An experienced DUI attorney can evaluate the evidence and build a strong defense to protect your CDL and your career.
Final Thoughts: Protecting Your CDL and Your Future
For commercial drivers, a DUI is not just a legal issue—it can be a career-ending event. The lower BAC limits, automatic disqualifications, and risk of lifetime bans mean CDL holders must exercise extreme caution when it comes to alcohol. Even a first offense can result in the loss of your livelihood, and a second offense will permanently disqualify you from driving commercial vehicles.
If you are a CDL holder facing DUI charges, the best course of action is to seek legal counsel immediately. A skilled DUI attorney can help you understand your options, fight the charges, and work to protect your career. Your CDL is more than a license; it’s your future—and it’s worth defending.
from McDowell Law Firm https://mcdowellfirm.com/how-drunk-driving-charges-affect-commercial-drivers-licenses/?utm_source=rss&utm_medium=rss&utm_campaign=how-drunk-driving-charges-affect-commercial-drivers-licenses
https://mcdowellfirm.com/practice-area/dui-defense/
Dope, Ganja, the sticky-icky, Jazz Cabbage, Grass, the Devil’s lettuce, reefer, trees, Mary Jane. Today’s blog is about driving under the influence of marijuana. Drug laws in Colorado are changing. The legalization of marijuana and decriminalization of some other drugs, like psychedelic ‘shrooms and DMT, show changing ideas on the use of certain substances as medicine.
Remember: If you are 21 or older, recreational use of alcohol and weed is legal in Colorado, but driving under the influence is not.
Being under the influence affects your ability to control and leads to an offense.
So, can you get a DUI for smoking weed? Yes! You can be charged with a DUI if you are physically and mentally unable to operate a vehicle and still try to do so. If you are even slightly impaired you can be charged with DWAI (driving while ability impaired).
Colorado police officers are on high alert for drivers who violate DUI laws. With weed available, the consumption rate goes up. Weed slows down your reaction time and your motor skills and other effects.
According to a recent survey, the Colorado Department of Transportation (CDOT) says 17.6% of Coloradoans are cannabis users. Keep in mind, not everyone charged with a marijuana DUI is guilty. The State needs to prove impairment.
In this post we will explore how and when you can be charged with a DUI for weed. We’ll also go over the penalties, what the police do, and some of the defenses and tips to avoid getting charged and/or convicted.
What is a DUI for Weed?
In Colorado, it’s illegal to drive a motor vehicle or be under the influence of drugs including marijuana. DUID (the last ”D” is drugs) means that a person is substantially incapable of operating a motor vehicle as a sober person would. A “DWAI Drugs”, means they were impaired to at least the slightest degree due to drugs in their system.
Although marijuana is legal for medical and recreational use in Colorado if you are 21 or older, driving after consuming weed can be considered a DUI.
Can you get a DUI for being high on weed or other drugs?
Yes. I defend them all the time. They are more common than you might think. I can follow what drugs are becoming more popular in Colorado Springs by reviewing the drug panels done on my client’s blood. In many cases, when an officer has reason to believe that drugs are causing the impairment (they think more than alcohol is on board), they will require a blood test. Typically, an 11-drug panel is completed on the blood to determine if there were methamphetamines/amphetamines, benzos, cocaine, marijuana, etc. in a person’s system.
Law enforcement officers check for physical signs like reckless driving, bloodshot eyes or sudden slow reaction. Other methods like field sobriety tests or blood tests measure TCH levels in the body.
According to Colorado law, Delta 9 THC is the psychoactive substance in marijuana that causes impairment. The legal limit of active Delta 9 THC (tetrahydrocannabinol) is 5 nanograms (5 ng) or more per milliliter of blood.
For regular weed users, Delta 9 THC stays in their system even when they are not impaired. The newer methods of testing can distinguish between active and inactive tpes of marijuana in a person’s system. Law enforcement officers also rely on their observations for any signs of impairment. (odor, bloodshot eyes, mannerisms, admissions, weed in the car, etc)
If your blood level is below 5 nanograms you might still be charged with a DWAI. From the Colorado DOT website:
The limit in Colorado of active Delta 9 THC in a driver’s blood, which gives rise to a “permissible inference” that the person is under the influence of cannabis, is five nanograms or more per milliliter in the whole blood.
Drivers can be arrested and cited for impaired driving if law enforcement observes and documents driver impairment to any degree, even with a blood level below 5 ng of Delta 9 THC.
When Can You Be Charged With a DUI for Weed?
Law enforcement officers are trained to determine if an individual is driving under the influence of drugs. The police department has drug detection specialists, called Drug Recognition Experts (DRE), who are trained to detect the substances an individual consumes.
Every state has its own rules for impaired driving offenses. All states have laws that prohibit DUI of weed. The conditions that can get you charged with a DUI for weed are categorized into –
DUI Per Se
Some states have DUI per se laws for weed. In these states, there is a limit on the amount of THC or marijuana in your system. When you exceed that amount, you will be charged with DUI per se charges. Generally, the limit is between 2 ng/ml to 5 ng/ml.
Reasonable Inference
In Colorado State if you have more THC in your blood than the legal limit there is a “permissible inference” that you are under the influence of THC.
DUI Based on Impairment
If there is evidence of weed consumption, and you are impaired, it’s considered a DWAI. Whether you only smoked weed, or used it with other drugs/alcohol, you can be charged.
Evidence of Impairment
What are law enforcement officers looking for in DUID and DWAID cases reasons for stops in DUID and DWAID cases include:
You broke Colorado traffic laws
You were weaving in and out of your lane
You drove too fast or too slow
You had bloodshot eyes and slurred speech
The officer smelled marijuana in the car
There was marijuana paraphernalia in the vehicle (rolling papers, joint clip etc.)
Marijuana was found in your car
How is Impairment from Weed Measured?
Can you be charged with a DUI for smoking weed while driving? Yes, you can. How is it determined if someone is too high to drive? In Colorado, the state does a blood test as the primary test for drug use.
A trained DRE officer may also do a series of tests (roadside sobriety or FSTs)on the side of the road. These include things like eye movement and coordination tests.
Field Sobriety Tests (FSTs)
The field sobriety tests, also known as Standardized Field Sobriety Tests, test the physical and mental abilities of the drivers. These tests include –
Eye examinations: The experts look for impairment signs through different eye movements.
Physical coordination tests: These tests include things like walk-and-turn test or standing on one leg. The tests are done to check balance and motor skills
A drug recognition expert (DRE) is an officer who is highly trained to do DUI field sobriety tests for weed and other drugs. The Standardized Field Sobriety Tests are designed to test whether you are under the influence of depressants or stimulants. If you are charged with DUI of weed, assessing the investigation and determining if the officer is well-experienced in drug recognition is key. You need to know if the officer is trained or not and if he followed the correct protocols.
Chemical Tests-
Blood tests – Generally, blood tests will show THC and its metabolites. THC can be detectable even after the psychoactive effects are gone. It can be found as “active” in your blood for over 12 hours and longer for chronic users. People with more body fat will have THC in their blood for a longer period. Tests can determine the difference between active and inactive marijuana in blood.
Urine tests – Urine tests also show weed consumption; however, they have challenges in determining impairment while driving. Urine testing can find weed in users for 3 days and chronic users for over 10 days. Hair samples can detect weed use, but they are not suitable for DUI cases.
How Do Police Detect Marijuana Use?
There has been a surge in DUI cases involving marijuana use since many laws have been relaxed on its use and possession. According to Colorado State law, it is a crime to drive under the influence of weed and other drugs
In marijuana cases, the police and prosecution must provide evidence that the driver was not in proper condition to drive (impaired or under the influence)
Officers can look for signs such as poor driving, red eyes, unusual speech patterns, and muscle tremors. If an officer has probable cause for charges, a person may be required by Colorado’s express consent law to provide a sample for chemical testing.
Penalties for a DUI of Weed
According to Colorado Revised Statute 42-4-1301 a driver can be found guilty of driving under the influence of marijuana and/or other drugs. The influence of weed and drugs makes them severely incapable of being physically and mentally able to operate a vehicle safely. It can lead to erratic driving and can cause accidents.
Can you get a DUI for driving high on weed? Yes. Colorado State has severe consequences for DUI of weed to prevent people from using it. A 4th DUI/DWAI of weed is a class 4 felony and can be sentenced to 2 to 6 years in state prison. It can also be fined $2,000 to $500,000.
Here are the penalties if you are found under the influence of weed or alcohol –
Misdemeanor Offense
Jail Sentence
Can a judge suspend jail?
Probation
Fine
Public Service
License Revocation
1st DUI of marijuana
5 days – 1 year
Yes, it can be suspended with alcohol/drug evaluation and proper alcohol education
Up to 2 years
$600 – $1,000
48 – 96 hours
9 months
1st DWAI of marijuana
2 days – 180 days
Yes, a judge can suspend jail, with alcohol/drug evaluation and alcohol education
Up to 2 years
$200 – $500
24 – 48 hours
none
2nd DUI/DWAI of marijuana in 5 years
10 days – 1 year
No, in this case the judge cannot suspend jail. Though court can grant home detention.
2 – 4 years
$600 – $1,500
48 – 120 hours
1 year
2nd DUI/DWAI of marijuana after 5 years
10 consecutive days – 1 year
No, though court can grant home detention
2 – 4 years
$600 – $1,500
48 – 120 hours
1 year
3rd DUI/DWAI of marijuana
60 consecutive days – 1 year
No, though court can grant work release or community corrections
2 – 4 years
$600 – $1,500
48 – 120 hours
2 years
License Revocations
Here is where marijuana (and other drugs) and alcohol differ. There is no “per se” legal limit for any drug other than alcohol, when it comes to driver’s license per se revocations. Yes, you can still be revoked if you plead to a DUI, but not through a DMV per se action. If your BAC is a .08 or greater, within two hours of driving, you’ll receive an administrative revocation action against your license. But with weed or other drugs, there is no per se limit for a DMV action. There is a limit for marijuana in your system (5 ng) but that won’t trigger a separate DMV action like alcohol will.
Defenses against a Weed-Related DUI Charge
If you are charged with marijuana DUI in Colorado, there are various defenses an experienced attorney can use. In these “weed DUI” cases, your attorney will argue to prove you were not impaired while driving. A strong defense and a good lawyer may get your charges reduced or even a dismissal, depending on the facts of your case. The lawyer will have a strategic approach, using effective defenses to protect your rights and challenge the prosecution’s case.
The defenses used against a weed-related DUI charge are –
The police officer can’t provide a proper justification for the stop or test when cross-examined. Generally, the officers arrest people based on their uncooperative behavior rather than signs of impairment. If your attorney can prove to the judge you were improperly stopped your whole case may be dismissed as a 4th Amendment violation.
Should you take DUI field sobriety tests? They are voluntary. In most cases, I don’t think it’s a good idea to participate in voluntary FSTs. If you do take the tests, hiring a good attorney will help you prove the field sobriety tests were not conducted properly. You can use dash cam and body cam footage of the police officer to prove they gave you incorrect instructions or that they were unfair in their subjective analysis of your abilities. If you can convince the DA of improper action during the investigation, they might dismiss or reduce your charge to a minor traffic violation.
Your attorney could prove the procedures used during the blood test were incorrect. Maybe your sample was contaminated, or there was a break in the chain of custody. Once your lawyer proves to the judge your sample was, they should exclude it as evidence.
If you have a medical condition that looks like being impaired, it can be a strong defense. For example, if someone has seizures or diabetic comas and is mistaken for being high, your case will be closed. Even if you are feeling sick or tired it’s not a DUI. It’s a minor traffic violation and charges will be dismissed.
In some cases, DUI lawyers analyze the use and administration of breathalyzers or other chemical tests. Any defect or malfunction of these devices can give you an incorrect BAC reading. If any error occurs during the handling or analysis of bodily fluids, it can effect your case
Tips to avoid a Marijuana DUI
Prevention is always better than cure. Don’t smoke and drive.
There are ways to stay safe and legal. Colorado has strict laws on cannabis use so be aware of the consequences.
Some tips to avoid a DUID are –
Make sure there are no open alcohol containers or marijuana in your vehicle. Colorado has a strict law on open containers which prohibits them in the passenger compartment of the vehicle. If law enforcement sees an open container in your vehicle, they might give you a ticket or suspect you of driving impaired. Avoid these by transporting sealed containers of alcohol or marijuana and always store them in the trunk.
In Colorado, police can arrest someone suspected of being impaired or intoxicated by marijuana for DUI. “Impaired” in this case means impaired to the slightest degree. You can be impaired even after you feel the effects of being high or drunk wear off. So, you need to have a plan for these situations as you might not make good decisions in this state.
Be aware that legally prescribed medications can impair you. Multiple prescription medications can affect your driving abilities, across many drug categories. Some of them are antidepressants, anti-anxiety drugs, sleeping pills, opioids and stimulants as stated by the FDA. These medications have warning labels telling you not to drive or use machinery until you know how it affects you.
Be careful when approaching DUI checkpoints. In most cases, they stop every vehicle that passes through the checkpoint. When going through the checkpoint, slow down, pay attention, and follow all instructions from the police. If you get charged with DUI or DWAI contact a lawyer immediately.
Drive Safe and Avoid Drug-related DUIs and DUIDs with the McDowell Law Firm!
Weed DUI is a complex aspect of law enforcement and public safety. With cannabis legalization on the rise, it’s important to know the risks, consequences, and prevention.
Are you wondering how to beat a DUI for smoking weed? Contact us at the McDowell Law Firm and our criminal defense lawyer will assess your situation and build a defense for you. Call today for a free consultation.
At McDowell Law Firm we represent the legal rights of those injured in accidents. We can help you assess your situation and take all the necessary steps to protect you.
Do DUI lawyers get your drunk driving charges dropped? Yes our expert lawyers will get you the best result!
Frequently Asked Questions (FAQs)
1. Does weed show up on a DUI?
Colorado DUI laws are tough and apply to everyone including those with medical marijuana cards. If you are driving impaired you will get arrested and charged with DUI. If any amount of THC is found in your system you will get a DUI or DWAI charge.
2. How do they test for weed?
In Colorado state police officers do blood tests to see if there’s weed in your blood. If the officer thinks you’re impaired while driving you will get charged with DUI. Once the driver gets arrested the individual must submit to chemical testing. Unlike with alcohol DUI there’s no option to choose between a breath test or blood test.
3. Can they pull you over if they smell weed?
Since marijuana is legal in Colorado if a police officer finds a joint or pipe in your car they can search. If they suspect you of smoking weed while driving you will get a DUI charge.
4. Can they test edibles?
Yes police can test suspected edibles for weed. If you have weed with edibles and the police find them you will get charged equally.
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In Colorado, violating your DUI probation is a big deal. There are two main ways people violate probation:
Doing something they shouldn’t (new crime, positive UAs)
Not completing their terms of probation (classes, community service, etc.)
If you are facing revocation on a first-time DWAI charge in Colorado you are facing up to 6 months in jail. On a misdemeanor DUI charge you are facing up to a year in jail. Felony DUI cases carry 2-6 years in prison.
Keep in mind, that these are not what you should expect to receive as a sentence if you violate DUI or DWAI probation. The actual revocation penalties vary widely from case to case. Each judge handles their violations differently, and the severity will vary based on the nature of the violation.
Keep reading to find out how much jail time for DUI probation violations you might face.
DUI probation violation
Probation violations depend on the original sentence the judge gives you at the hearing.
For example, you may have to go to therapy, community service and drug classes. You have to meet with the probation office at specific times. You must participate in these activities or you will violate your probation.
You can also get penalties for probation after DUI if the court charges you with another crime. In Colorado, probation violations are divided into two categories: Technical Violations and Substantive Violations.
1. Technical Violations: These occur when you fail to follow the specific conditions the court set for you to avoid jail time. In Colorado, DUI cases often involve these common technical violations:
Failure to Pay Fees: Not paying court fines or the $50 monthly supervision fee will get you a violation.
Incomplete Community Service: Not completing the required hours of community or “public” service the court assigned causes a violation. This is typically 24-96 hours of UPS (useful public service)
Skipping DUI Education Programs: Not attending or finishing Alcohol Education is a big violation. Classes start at 12 weeks (Level 2 Education), to therapy TRACK A (42 hours therapy), TRACK B (52 hours), TRACK C (68 hours therapy) , or even “4 plus” for fourth or greater DUIs.
Missing Victim Impact Panel: Another reason is missing a 2-hour session hosted by MADD. This is referred to as MADD VIP.
Incomplete Rehab or Medication: Not completing mandated rehab or neglecting prescribed medication like disulfiram (Antabuse) for alcohol treatment.
Failed Drug or Alcohol Tests: Missing, failing or tampering with urine analysis tests (“hot” or diluted UAs) or failing breath tests on an ignition interlock device (known as a “hot BA”).
Not Reporting to Probation Officer: Not checking in with the probation officer (PO) regularly or not informing the PO of changes in residence or employment.
Leaving the State without Permission: Traveling outside of Colorado without permission from the probation officer.
2. Substantive Violations: These are also called “new law violations”. These are new offenses committed while on probation. If arrested for another crime, you not only risk your current probation but can also get additional criminal charges and revocation.
What is a DUI Probation Violation?
A DUI probation violation in Colorado occurs when you fail to follow the specific conditions of your DUI offense probation. Every probation agreement has specific conditions. These violations can be severe and result in probation revocation and additional jail time.
Here is what constitutes a DUI probation violation:
Failure to Comply with Court-Ordered Conditions
Non-attendance at Mandatory Programs: Missing court-ordered programs like substance abuse treatment, anger management classes or victim impact panel.
Failure to Pay Fines and Fees: Not meeting financial obligations like court fines, restitution or probation fees will get you a violation.
Non-Completion of Community Service: Not completing the required community service hours will get you a DUI probation violation punishment.
Substance Abuse-Related Violations
Positive Drug Tests: Testing positive for illegal substances or alcohol is a big violation even if consumed outside of Colorado.
Failure to Attend or Complete Treatment: Missing or not completing court-ordered substance abuse treatment programs is a violation.
Possession or Consumption of Illegal Substances: If authorities find you with illegal drugs, it can get you revoked.
Driving-Related Violations
Operating a Motor Vehicle without a Valid License: Driving without a valid Colorado driver’s license, especially if it was revoked due to a DUI conviction, is a violation.
Driving under the Influence (DUI) While on Probation: A new DUI arrest, even if charges are dropped, can be a violation.
Violating Other Traffic Laws: Repeated traffic violations like speeding or reckless driving are a violation.
Jail Time for DUI Probation Violation
Several factors determine the jail time for a DUI probation violation in Colorado. The severity of the violation, your criminal history and the judge’s discretion all come into play.
The severity of the violation is a big factor. A minor violation like missing a meeting with your probation officer might get you a warning or minor extra condition. But a more serious violation like a new DUI arrest or a positive drug test could get you significant jail time. For example, a new DUI conviction while on DUI probation, will be looked at differently than a shoplifting violation.
The offender’s criminal history is also a factor. If the offender has a history of DUI’s or other criminal convictions, the judge may give a harsher sentence for the violation. It’s because the offender has shown a pattern of disregarding the law and is a danger to society.
How much jail the Judge originally suspended at sentencing. If they suspended a specific amount ex. 10 days, that might give you an idea of what to expect.
The judge’s discretion is also a big factor. The judge will consider all the facts of the case including the severity, criminal history and mitigating circumstances. The judge may also consider the offender’s remorse, their willingness to participate in rehabilitation programs and their rehabilitation potential.
But the specifics of your case will determine the sentence. If you’re facing a DUI probation violation and wondering how much jail time for a DUI probation violation you can get in Colorado, talk to an attorney to know your rights and options.
This is where a local attorney who is often in that court can tell you what to expect. Remember, there is a lot of discretion on the part of Judges when it comes to sentencing for probation violations. A Judge in Colorado Springs might handle a case differently from one in Pueblo or Denver. Even Judges in the same jurisdiction will handle cases differently.
How Much Jail Time for DUI Probation Violation Can You Get?
Colorado takes DUI probation violations seriously. You can get additional probation or jail time if you violate your probation. Now you’re wondering how much jail time you can get for a probation violation in Colorado.
For minor infractions you might expect minor consequences: maybe extra community service or other conditions added to your probation, extended probation, or being put on zero tolerance. Depending on the Judge though, they may not consider as “minor” the same violations you consider as “minor”.
But if the alleged violation is more serious, the Judge might revoke your probation and reinstate it under stricter conditions. This can include a jail sentence. The judge can also revoke and close probation and impose jail time as a penalty.
These penalties affect you and can impact your family and personal life deeply. Even technical violations—like missing a check-in or not completing mandated tasks—can have big consequences.
Talking to a good DUI lawyer can be huge in defending your case. A Colorado DUI lawyer can cover ways you might be able to beat the revocation, or minimize the consequences if you are revoked. They can also advise you and help you navigate the system better.
Can You Get Out of Jail for a DUI Probation Violation?
In Colorado it is possible to avoid jail on a DUI probation violation. But it depends on the severity of the breach, your criminal history and the judge’s discretion. When you get probation for DUI you can get out of jail if you follow the court-ordered conditions.
It may include keeping a clean driving record, submitting to drug tests and attending DUI and substance abuse treatment classes. If you violate, there can be big DUI probation violation consequences.
Here are some ways to get out of jail:
1. Successful Completion of Rehabilitation Programs
Complete court-ordered rehabilitation programs like drug or alcohol treatment.
Show a genuine effort to address the underlying issues will help your case.
Complete community service hours the court has ordered.
It will show the court you’re willing to do something positive for the community and take responsibility for your actions.
2. Strictly Follow Probation
Follow all the terms and conditions of your probation including regular check-ins, drug testing and no alcohol or drugs.
Any violation of probation can get you harsher penalties so strict adherence is key.
3. Talk to a Good Lawyer
Consult with a criminal defense attorney who specializes in DUI cases.
A good lawyer can fight for you, negotiate with the prosecutor and present your mitigating factors to the judge.
Steps to Take After a DUI Probation Violation
If you’ve violated your DUI probation in Colorado, you need to act fast to minimize the consequences. Here’s what to do now:
1. Talk to an Attorney Now
Find the best DUI lawyer to get legal advice and represent you in court. They can explain the charges and penalties for DUI probation violations so you can develop a solid defense.
2. Work with Your Probation Officer
Be cooperative with your probation officer and let them know you are willing to do what is needed to get into compliance. It can help you build a good relationship and maybe reduce the consequences.
3. Collect Evidence for Your Case
Do you have evidence to mitigate your violation like medical records or witness statements? If so, then get and present them to your lawyer. These pieces of evidence can help the judge go easier on you.
4. If Any Of Your Terms Aren’t Completed Yet, Get Them Done ASAP!
Even if it’s late, you will be in a much better position at a DUI probation revocation hearing if your terms/conditions are complete. In El Paso County, my experience has been that Judges want to work with people to complete the terms of their probation. Most judges want to see you be successful and complete probation. I find it very rare that a Judge wants to revoke and reinstate or revoke and close with jail time if the terms are all complete.
5. Show Up to All Court Hearings
Showing up to all court hearings is crucial even if you don’t think you need to. Not showing up can get you a warrant for your arrest.
6. Prepare for Consequences
Even if you are able to minimize or avoid jail, be prepared for other consequences like longer probation, fines, community service or additional rehabilitation programs. Taking proactive steps and working with your lawyer can get you a better outcome.
Talk to a DUI Lawyer Now
Just because the DA or probation officer has filed a motion to revoke probation, that doesn’t mean you can’t beat the revocation or at least minimize the penalties.
You still have a chance to prevent your probation from being revoked or any other consequences. You are entitled to a hearing where you can present evidence that you did not violate probation.
Criminal defense and DUI lawyers know the way to navigate these situations and how to respond to a motion to revoke or a complaint and report from a PO.
Josh McDowell has been defending his clients on probation revocations for many years. It’s never easy to beat a probation violation charge. McDowell Law Firm will work with you to find solutions for the best possible outcome. Call us or visit our website to schedule a free consultation.
Frequently Asked Questions
1. What happens when you violate probation in Colorado?
In Colorado, violating DUI probation is a big deal. It has many consequences including more jail time, fines, community service and even probation revocation. If your probation is revoked you could have to serve a suspended sentence.
If you violated your DUI probation, talk to a DUI lawyer. They can guide you on what to do and represent you in court if needed.
2. What happens if you miss a UA on probation in Colorado?
Missing a UA on probation in Colorado is a violation and can have big consequences. Depending on the circumstances and your probation officer’s discretion, the consequences can be:
More frequent drug tests
Mandatory drug treatment or counseling
Probation revocation and jail time
Fines or community service
3. What’s the most common type of probation violation in Colorado?
The most common type of probation violation in Colorado is a technical violation. It’s when someone on probation fails to comply with the specific terms and conditions of their probation. For example, they miss a meeting with their probation officer, fail a drug test or violate a curfew.
McDowell Law Firm has lawyers who can help you fight probation violation charges and defend your rights. Call us today.
4. How long is probation for DUI in Colorado?
The length of DUI probation in Colorado depends on the facts of your case. It includes the number of prior DUIs and the severity of the current DUI. First time offenders typically get 1-2 years of probation and repeat offenders 2-4 years.
Need a DUI probation violation lawyer in Colorado? Call McDowell Law Firm now.
5. How much jail time for DUI probation violation can you get?
In Colorado, the jail time for a DUI probation violation is up to 1 year. 6 months on a first DWAI charge. Remember, it depends on how serious the probation violation, and the Judge’s discretion, when determining the penalties. Picking up a new DUI charge is much more severe, than say, missing a UA or being a few weeks overdue on community service.
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Driving under the influence (DUI) is one of Colorado’s most important public safety issues, and as such, the state legislature has enacted strict laws and consequences for convictions for drunk driving charges (DUI,DWAI,DUID). One of Colorado’s approaches to DUI prevention is severe penalties to deter would-be offenders.
The state has a multi-faceted approach, that includes criminal penalties and administrative consequences. Understanding these laws is key for those being charged and every driver in Colorado.
In Colorado, even a first-time DUI faces severe penalties. DUI can cause serious injury or death from drunk or drugged driving.
Even a first DUI conviction is permanent, it always shows up on your criminal history and driving record. (you may be able to avoid the permanent record by negotiating for a deferred sentence). A first-time DUI in Colorado includes jail time, big fines, monitored sobriety, and treatment. The consequences are serious for a first-time offense, but get more severe for second and subsequent convictions.
In this blog, we will discuss the factors that affect DUI jail time, how much time in jail for a DUI, the laws, and the penalties. Let’s get into the consequences of a DUI and how to avoid and deal with it.
What Are Colorado’s DUI Penalties?
Loss of driving privileges, big fines, jail time and court costs are some of the consequences you face if you are drunk or drugged driving. You need to know that an allegation of DUI can be related to marijuana, other drugs (rx and recreational), and alcohol. It’s advised to know the consequences of a DUI conviction.
Looking for the DUI sentencing guidelines requires you to understand the DUI laws that govern alcohol-related offenses. Driving with a blood alcohol concentration above the legal limit is a traffic misdemeanor in Colorado that comes with big consequences. You can be charged with DEAC (driving with excessive alcohol content) also known as DUI per se.
A DWAI, or driving while ability impaired shows your driving ability is slightly impaired. Even if it’s not the first time, the penalties are fines, probation, ignition interlock, license suspension, community service and jail time.
A second offense adds to these penalties, with additional license suspensions, extended probation, higher fines and longer jail time. Other aggravating factors are excessive speeding, reckless driving, possession of weapons, resisting arrest, or other criminal charges.
Factors That Affect DUI Jail Time
Before you know how much time in jail for a DUI, you need to understand the factors that affect DUI jail time. Some factors that are considered include high BAC levels, minors in the vehicle (child abuse), accidents, and prior convictions. If you are DUI and cause serious bodily injury (SBI) to another, you will face vehicular assault charges. However, even minor injuries can be considered as aggravators at sentencing.
Below are some factors police are looking for when doing DUI enforcement:
Erratic driving—This includes driving suddenly, speeding or not following traffic signals, that alerts an officer to impairment.
Physical appearance and behavior – If an individual slurs their speech, smells of alcohol, has bloodshot eyes or seems confused, are considered signs of intoxication.
Field sobriety tests – Any failure on roadside tests gives the officer reason to believe the driver is impaired.
Admissions of consumption – If a driver admits to drinking alcohol or using drugs before driving it’s considered probable cause for DUI jail time.
Blood Alcohol Content Levels
The Blood Alcohol Content (BAC) level is important during arrests and penalty determination. According to Colorado law BAC levels are –
0.05% – 0.079%: Driving while ability impaired (DWAI)
0.08% or higher: Driving under the influence (DUI)
The penalties increase with higher BAC levels, here’s the breakdown –
BAC of 0.15% or higher: High BAC offender
Previous DUI Convictions
If you have multiple DUI convictions it affects the sentencing. The law states:
First Offense: see chart below
Second Offense: Increased fines and mandatory jail time. Minimum 10 days jail.
Third or Subsequent Offenses: Longer jail time, felony charges, and big fines. Minimum 60 days jail.
Fourth DUI- Class 4 Felony 2-6 years in Prison.
Minors in the Vehicle
If you have a minor in the vehicle when you are arrested, it will often be considered as an aggravator. You may also receive child abuse charges, even if no one is injured. Some potential consequences:
Longer Jail Terms: DUI jail time for injury depends on child endangerment statutes.
Increased Fines: It adds extra fines on top of DUI charges.
Mandatory Educational Programs: It includes parenting classes.
These penalties can be cumulative, so you need legal representation from an experienced DUI lawyer.
In Colorado if you are considered “Under the Influence” with alcohol, blood or breath content of 0.080 or greater.
You can be charged with DUI if your test comes back at a 0.080, or greater.
You get charged with DUI even if you refuse to take a chemical test, if you show signs of impairment or being under the influence.
A DUI (4th or greater) conviction can result in up to 6 years in prison. If probation is granted it includes 90 days of continuous alcohol monitoring. Plus, you will have to serve a 2 year license suspension.
Colorado Springs DUI Laws & Penalty Chart
In Colorado, the laws for driving under the influence (DUI) and driving while ability impaired (DWAI) are tough with big penalties for anyone convicted. These are in place because driving impaired puts the driver and other motorists, pedestrians, and bystanders at risk.
Impaired driving slows down reaction time and hand-eye coordination making safe driving impossible. You should always be sober when you drive. If you’re not, you’ll face serious legal consequences. Wondering how much time you’ll get for DUI? Check out the chart below.
The good news is that experienced DUI lawyers have many ways to challenge both DUI arrests and Colorado DMV license suspension cases. The penalties for DUI, DUI per se and DWAI in Colorado get harsher with each subsequent conviction. Here’s a look:
Offense
Jail term
Can court suspend jail?
Probation
Fine
Public service
License revocation
1st DUI
5 days – 1 year
Yes. Court can suspend jail with alcohol/drug evaluation and education
Up to 2 years
$600 – $1,000
48 – 96 hours
9 months
1st DUI with BAC > .20%
10 days – 1 year
No. Here the court can allow home detention
Up to 2 years
$600 – $1,000
48 – 96 hours
9 months
1st DWAI
2 days – 180 days
Yes. Court advises alcohol/drug evaluation and alcohol education
Up to 2 years
$200 – $500
24 – 48 hours
none
1st DWAI with BAC > .20%
10 days – 1 year
No. Even in this case, the court can grant home detention
Up to 2 years
$200 – $500
24 – 48 hours
none
2nd DUI/DWAI in 5 years
10 days – 1 year
No, court allows home detention
2 – 4 years
$600 – $1,500
48 – 120 hours
1 year
2nd DUI/DWAI after 5 years
10 consecutive days – 1 year
No, but court can grant home detention
2 – 4 years
$600 – $1,500
48 – 120 hours
1 year
3rd DUI/DWAI
60 consecutive days – 1 year
No, here the court grants work release or community corrections
2 – 4 years
$600 – $1,500
48 – 120 hours
2 years
The DUI Process in Colorado Springs
Dealing with a DUI arrest and the legal process is overwhelming and scary. Knowing what to look for when you’re sentenced for DUI and the administrative process after an arrest allows you to explore options to fight DUI or DWAI charges.
Arrest and Booking
It starts with the arrest. In Colorado Springs if the DUI is a felony you can be taken into custody and required to post bond after you receive the ticket. Here the police will take you into custody and you’ll be arrested. You’ll need to post bond before you’re released. This includes taking personal info, fingerprints and details of the alleged offense. If you aren’t processed in jail, you may have to do fingerprints at a later date.
First Appearance
After the arrest you’ll need a first appearance. During the hearing you’ll be told of the charges against you and then you’ll discuss them with the DA. Every county does this process differently. Some counties may use this as an arraignment and ask you to enter a plea of ‘guilty’ or ‘not guilty.’ In many counties entering a plea comes later in the process.
Pre-trial Motions and Negotiations
Your DUI attorney files pre-trial motions to exclude evidence based on police violations of the Constitution. Consultations with the prosecution happen during this phase to see if there are any plea deals.
Trial
If no plea deal is made, your case will go to trial. Here the evidence is presented, witnesses testify and both sides present their case. A judge (Court Trial) or jury will decide if you’re guilty or not guilty.
Sentencing
If you’re found guilty the court will sentence you to fines, license suspension, alcohol education classes, community service, or jail time. The sentence depends on the severity of the crime and any prior offenses.
In Colorado, you’ll find tough intoxicated driving laws. If you’re charged with a DUI or DWAI you need to work with experienced attorneys.
Severe Consequences for Subsequent DUIs
When you’re convicted of a subsequent DUI you’re considered a repeat drunk driver and certain things will happen. This includes installing an ignition interlock device in your vehicle for at least 2 years, completing at least 24 hours of alcohol and drug education classes in 12 weeks, (therapy may be required) and getting and showing proof of a specific type of financial responsibility insurance.
These DUI penalties are in addition to any penalties you face from your DUI charge.
Since DUI penalties increase with each conviction it’s crucial to contact a DUI defense attorney if you’re in this situation. You can also talk to an attorney about challenging your classification as a repeat drunk driver. Experienced Colorado Springs DUI attorneys handle all types of DUI cases.
Most judges won’t send a first-time offender to jail, unless they have major aggravators, or jail is mandatory. There are certain circumstances where jail time is required even for first-time offenders.
A DUI with a blood or breath alcohol content (BAC) of 0.20 or higher requires a minimum of 10 days in jail. A first DUI also requires a 9 month suspension of your driving privileges.
If you’ve been convicted of a DUI in the past any future offense will be much more severe. A second DUI includes:
10 days in jail (up to 1 year)
$1,500 fine
1 year loss of driver’s license (may apply for early reinstatement with an interlock)
48-120 hours of community service
Up to 4 years of probation
Alcohol education classes
How to get out of or reduce jail time for a DUI?
A DUI attorney will help you navigate the complexities of Colorado’s drunk driving laws. You need legal representation to challenge the issue, chemical tests and criminal charges. They look at everything to reduce or dismiss the charges.
Even if it’s your first offense DUI charges are serious and can affect you long term. In this situation you need to know your rights and the consequences of a DUI conviction.
Here are the ways to get the best outcome for your DUI –
Assess the evidence
Your attorney will review the results of your breathalyzer or blood test and review the legality of the traffic stop. They will protect your rights during the arrest process. A good defense attorney can file motions to suppress evidence if it was obtained illegally which can result in a dismissal or reduction of charges.
There are ways to challenge the prosecution’s case if:
Breathalyzer or blood test was given incorrectly
Device was not calibrated
Police officer didn’t establish a valid reason for the traffic stop
Police made mistakes during field sobriety tests
Get to know the process
The legal process after a first-time DUI arrest can be confusing and overwhelming. If you’re wondering how to get a DUI lawyer, consider the lawyer’s experience with cases in that state and city. Hiring an experienced defense attorney will guide you through each step of the case.
They will explain the possible outcomes, inform you of your options and make sure you understand your rights.
Plea bargaining
Even with strong evidence against you a good DUI defense attorney can try to reduce the charges and penalties. For example, a first-time DUI can be reduced to a lesser charge like a DWAI, or even a deferred sentence, which can have less severe consequences.
Your attorney can propose different sentencing options like probation, community service, or substance abuse treatment programs for reduced fines or less jail time.
Long-term consequences
lthough a first-time DUI is a misdemeanor it can have long-term effects especially if you get convicted again later. A criminal defense attorney will prevent or reduce these consequences by getting a good outcome for your situation.
A DUI conviction can affect your life for years to come including:
Trouble finding employment
Denial of housing applications
Mark on your criminal record
Higher insurance premiums
Represent you in court
Going to court for a DUI charge can be intimidating especially if it’s your first time in front of a judge. Your defense attorney will represent you in court, make sure your case is presented well and all legal protocols are followed.
A DUI defense attorney in your area will know the local courts, judges and prosecutors and can give you valuable guidance on how to approach your case.
Drive Safe and Handle Your DUI Issues with McDowell Law Firm
Your DUI defense attorney will work to get the best deal from the prosecutor for you. Many drunk driving cases can be resolved without a trial. So you are well-advised to have an attorney by your side. Hiring an experienced attorney can potentially reduce your charges and jail time.
When you’re facing a DUI charge the penalties can be severe and can affect your life for years to come. If you want to know how much jail time you’ll get for DUI and want to reduce your charges, contact us. At McDowell Law Firm we can help you get the best outcome for your case.
Frequently Asked Questions –
1. What’s the typical sentence for a first DUI?
A first-time DUI in Colorado is an unclassified traffic misdemeanor. The jail sentence can range from no jail up to 1 year. The actual time served is dependent on many factors: plea negotiations and participating in alcohol education or treatment programs.
2. Is jail time required for DUI in Colorado?
In Colorado, jail time is mandatory if you have prior DUI/DWAI convictions. Detention time is also required if your BAC (blood alcohol content) is 0.20% within 2 hours of driving. If you have prior convictions and get a second conviction you’ll get a minimum of 10 days in jail, mandatory sentence. You may be eligible for work release or in-home detention.
3. Is DUI a felony or misdemeanor in Colorado?
Driving under the influence is a class 4 felony if the violation occurred after 3 or more prior convictions. It can be from separate and distinct criminal episodes for DUI, DUI per se or DWAI.
4. Do you lose your license for a first DUI in Colorado?
Yes. You can lose it through an administrative action (DMV “per se” revocation), or by pleading guilty to a DUI. You may be eligible for immediate reinstatement with an interlock, SR-22, and other conditions.
from McDowell Law Firm https://mcdowellfirm.com/how-much-jail-time-do-you-get-for-dui/?utm_source=rss&utm_medium=rss&utm_campaign=how-much-jail-time-do-you-get-for-dui
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