• a. You need to know that every DUI case is really two cases. The first case is the case in criminal court. The second case is the potential driver’s license revocation action at the Department of Revenue. You may need to make a request for a license revocation hearing as soon as seven days following your DUI citation. You must know what type of chemical test you participated in when you were cited with DUI or if you refused to participate in the chemical test.
• b. If you took a blood test, the Department of Revenue will revoke your license once a blood test result above .08 g/100 ml is received. You will receive a letter in the mail at the address on file notifying you of your opportunity to request a hearing. You must act immediately.
• c. If you took a breath test or refused to test, then you will be served with a notice of revocation of your license by the arresting officer. You will have seven days to request a hearing.
• d. This is a complicated, rule specific area of the law. You should seek an experienced Lawyer right away when you are cited for DUI. Contact or call Maher & Maher Law, PC at (719)301-7500 today for a free consultation.

• a. In Colorado, Driving Under the Influence (DUI) means driving a vehicle when a person has consumed alcohol or drugs or a combination of alcohol and drugs that affects the person to a degree that he or she is substantially incapable either mentally or physically or mentally and physically to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.
• b. In Colorado a driver can be charged with two separate counts: DUI (Described above) and DUI Per Se. A prosecutor can, and often will, elect to proceed under both charges. The DUI Per Se statute states that it is a crime to operate a motor vehicle with a blood alcohol concentration (BAC) limit of .08 grams per 100 milliliters (ml) of alcohol within 2 hours of driving. In other words, there is a presumption of under the influence in Colorado if a driver’s BAC is above .08g/100 ml. When this presumption is satisfied, a prosecutor does not have to prove a driver was substantially incapable of operating his vehicle safely.

DWAI occurs when a driver operates a motor vehicle and is affected by the consumption of alcohol and or drugs to the slightest degree. DWAI is a lesser included offense of DUI. If you are charged with DUI, you go to trial, and you are found not guilty of DUI, a jury could still find you guilty of DWAI.

DUI and DWAI are misdemeanor offenses in Colorado; however, if you had three prior alcohol or drug related driving convictions then the prosecutor can file felony DUI charges in Colorado. Felony DUI charges carry a possible prison sentence.

Below are the basics of what you need to know. In addition to what is listed here there are components of DUI sentencing that you will want to discuss with the attorney’s at Maher & Maher law that may pertain to your specific situation.

First DUI conviction

• Jail: 5 days to 1 year in the county jail; however, the jail can be suspended upon successful completion of alcohol evaluation and completion of evaluation recommendations. 10 days of jail is the mandatory minimum if the Defendant’s blood alcohol content (BAC) was 0.2 g/100ml or more at the time of driving or within 2 hours of driving.
• Probation: Up to 2 years of supervised or unsupervised probation
• Fine: $600.00 to $1000.00
• Community Service: between 48 and 96 hours required
• Court Costs and Surcharges
• 12 points assessed against the Defendant’s driver’s license

Second DUI conviction

• Jail: 10 days to 1 year in the county jail, plus 1 year for probation violation
• Probation: 2 to 4 years, shall include: 1 year suspended jail, level II alcohol and drug education or treatment program, and other conditions the Court requires.
• Fine: $600.00 to $1,500.00
• Community Service: 48 to 120 hours required
• Court Costs, Surcharges
• 12 points assessed against the Defendant’s driver’s license

Third DUI conviction

• Jail: 60 days to 1 year in the county jail, plus 1 year for probation violation
• Probation: 2 to 4 years, shall include: 1 year suspended jail, level II alcohol and drug education or treatment program, and other conditions the Court requires.
• Fine: $600.00 to $1,500.00
• Community Service: 48 to 120 hours required
• Court Costs, Surcharges
• 12 points assessed against the Defendant’s driver’s license