Alcohol related driving offenses are taken very seriously. If you are here, you’ve likely been caught driving under the influence (DUI) of alcohol or drugs. Make no mistake, this DUI arrest is going to have a large impact on your life for the next year to come. The extent to how much it is going to affect you is going to depend on the courts and your choices. Maybe you ended up here because this isn’t your first DUI, and you are now asking yourself, “What are the penalties for multiple DUIs in Denver?”
We here at Weber Law are going to help straighten out some of the questions you may be having and help you understand what is going to happen after a DUI conviction. If you have more questions after reading the following information, contact our Colorado law office by calling 1-801-441-4010 or sending an email to [email protected].
DMV Vs. the Courts
The first thing to understand when talking about the penalties for a DUI conviction is that there are going to be two paths in which there will be a cost to you. Not only will you be subject to the Colorado Department of Revenue’s Division of Motor Vehicles, otherwise known as the DMV; you will also be subject to a judgment by the judicial court system. These two areas will work independently on your case. This means that even though you may get your judicial system court case dismissed for whatever reason, that does not mean that the penalties relegated to you by the DMV will also be dismissed.
Colorado Department of Revenue’s Division of Motor Vehicles (DMV)
The Division of Motor Vehicles is going to determine the restrictions on your license and ability to drive. They also have the ability to require you to attend an alcohol or drug treatment program. The DMV is also going to be requiring the installation of an ignition interlock system, which will be required to regain your full driving privileges.
Colorado Judicial System
The courts impose criminal penalties, which may come with probation or jail time. They will also impose fines, community service, and possibly adherence to an alcohol or drug treatment program. They will also require payment to multiple funds and surcharges.
Is there anything I should do immediately?
If you want understanding in negotiating with the judicial system’s criminal and administrative penalties that come with a dui conviction, contact us at Weber Law immediately!
In terms of the DMV and getting your ability to drive back, you might strongly consider requesting an administrative hearing. You only have 7 days from your arrest to submit this in writing! This is to contest your license revocation.
What happens after my 1st DUI conviction?
In the first case of a DUI, although the courts may differ a little in how they are going to pass judgment, we’ll give a likely outcome. There is also some difference in how the courts will treat a DUI conviction versus a DWAI (Driving While Ability Impaired). A Driving While Ability Impaired is when your blood alcohol level is greater than 0.05%, but less than 0.08%. If you were arrested for a DWAI, the differences in fines and penalties can be observed by following this link.
For your first DUI, you can expect to do between 48 and 96 hours of community service. You can expect fines in the range of $600 to $1000. You can receive 5 days to 1 year in jail.
Unlike the courts, the rules and regulations in place by the Colorado Department of Motor Vehicles are standard. For your first offense, the Colorado DMV will require you to be without your license for 9 months. It is possible to get modified driving privileges if you pay for the installation of an ignition interlock device. This device will monitor your blood alcohol content (BAC) and send all results directly to the DMV for review. If your first DUI conviction was for a BAC of less than 0.15%, you may be eligible to have the ignition interlock removed after 4 months if you do not have a single violation in that time. If your BAC was equal to or over 0.15%, or if this was your second or more DUI conviction, there is no eligibility for early removal of the ignition interlock system.
To get your license reinstated, it is a requirement to complete alcohol and drug education and treatment. All education and treatment has a minimum amount of hours and a minimum length of time in which it needs to be completed.
On your first DUI conviction (if your BAC is under 0.15%), you will need to complete 24 hours of alcohol and drug education over 12 weeks. You will also need to complete 42 hours of alcohol and drug treatment over 21 weeks.
On your first DUI conviction (if your BAC is equal to or over 0.15%), you will need to complete the same amount of education but you will have 52 hours of treatment to be completed over 26 weeks.
What happens after my 2nd DUI conviction?
If you already have a prior conviction, you can expect to do between 48 and 120 hours of community service. You can expect fines in the range of $600 to $1500. You can receive 10 days to 1 year in jail.
On your second DUI conviction (if your BAC is under 0.15%), you will need to complete 24 hours of alcohol and drug education over 12 weeks. You will also need to complete 68 hours of alcohol and drug treatment over 34 weeks.
On your second DUI conviction (if your BAC is equal to or over 0.15%), you will need to complete the same amount of education but you will have 86 hours of treatment to be completed over 43 weeks.
What happens after my 3rd DUI conviction?
What if you have not one prior alcohol related driving offense, not two? For your third DUI conviction, you can expect to do between 48 and 120 hours of community service. You can expect fines in the range of $600 to $1500. The amount of days you may receive will go up to 60 days to 1 year in jail.
On your third DUI conviction (if your BAC is under 0.15%), you will need to complete 24 hours of alcohol and drug education over 12 weeks. You will also need to complete 68 hours of alcohol and drug treatment over 34 weeks.
On your third DUI conviction (if your BAC is equal to or over 0.15%), you will need to complete the same amount of education but you will have 86 hours of treatment to be completed over 43 weeks.
What happens after my 4th DUI conviction?
The Colorado judicial system now considers what you’ve done to be a Class 4 felony. Your community service will remain around 48 to 120 hours. However you can now be fined around $2,000 and as high as $500,000! You could also be facing 90 to 180 days in jail and possibly even 2 to 6 years in prison!
The DMV will require 180 hours of alcohol and drug treatment completed over 18 months. This happens at 4 or more previous DUI convictions (or DWAIs).
Additional Fees and Costs
There are many additional fees and costs that we have not covered above. One of the largest costs that you will notice in the short-term is the cost of alcohol and drug education and treatment. Neither of these are going to be provided free of charge and you should expect to be paying thousands of dollars for these mandatory services.
You will also need to pay for the installation and a monthly fee for the ignition interlock system that needs to be installed in any vehicle you would like to drive while working to get your full driving privileges back.
There are also additional fees that go to funds for victims of drunk driving accidents and other organizations. Some of these are the Victim Assistance Fund, the Victim Compensation Fund, the Law Enforcement Assistance Fund, the Rural Alcohol and Substance Abuse Fund, and the Brain Injury Fund.
Thinking about the long-term costs leads us to vehicle insurance. After being convicted of a DUI, your insurance premiums are going to go up. You can expect to see an insurance rate increase of approximately 70% in Colorado. This can lead to hundreds to thousands of extra dollars for the three to five years that you will need to have an SR-22. An SR-22 is a form that states you have the minimum car insurance coverage required by law. The form is filed with the state of Colorado and will need to remain current for up to five years.
Further Information
If you just have more research to do, the state of Colorado Department of Revenue Division of Motor Vehicles has more information available on the DUI conviction process.
If you are looking for assistance with the judicial system or need to ask more questions because you believe your circumstances to be different than those listed here, contact us at Weber Law! You are able to contact our Colorado law office by calling 1-801-441-4010 or sending an email to [email protected].