DUI Penalties for a First Offense

Driving under the influence (DUI) is a serious offense, and anyone arrested for this charge faces significant legal consequences.

For those facing their first DUI offense, the penalties can vary depending on several factors, but even a first offense isn’t taken lightly in the eyes of the law. 

When facing these allegations, working with an experienced DUI attorney is vital. At Watkins Law Firm LLC in Boulder, Colorado, I help individuals facing DUI charges better understand their rights, and I tailor my defense strategy to each client’s unique situation.

I’ll break down the DUI penalties for a first offense in Colorado, the legal process, and the potential defenses available. I’m here to help you understand what to expect if you or someone you know is arrested for a DUI in Colorado.

What Constitutes a DUI in Colorado?

In Colorado, a DUI offense occurs when a driver is found to have a blood alcohol content (BAC) of 0.08% or greater. If the driver’s BAC is higher than 0.08%, this is considered driving under the influence of alcohol (DUI).

It’s also possible to be charged with a DUI for drug impairment or driving under the influence of both alcohol and drugs. Colorado law also has a separate offense called DWAI (driving while ability impaired), which applies when a driver’s BAC is between 0.05% and 0.08%, or when impairment is caused by drugs.

Colorado DUI Laws and Penalties Overview

Colorado’s DUI laws are relatively strict, and penalties for a DUI conviction are significant, even for first-time offenders. The penalties are designed to deter drunk driving and keep the roads safer. For a first-time DUI offense in Colorado, a conviction can result in both administrative and criminal consequences.

A first offense DUI can result in:

• Fines

• Jail time

• License suspension

• Probation

• Community service

• Alcohol education classes

The exact penalties depend on factors like BAC level, whether the driver had passengers under 16 years old, and whether there were any aggravating circumstances such as an accident or injuries. Let's explore the potential penalties in detail.

Administrative Penalties

One of the first and most immediate consequences of a DUI arrest in Colorado is the suspension of your driver's license. This is an administrative penalty that takes effect even before your criminal trial.

When you’re arrested for DUI, the arresting officer will typically seize your driver’s license. However, you’ll be issued a temporary license that allows you to drive for 7 days following the arrest. If you wish to contest the suspension, you must request a hearing with the Colorado Department of Revenue, Division of Motor Vehicles (DMV) within 7 days of the arrest.

The administrative penalties for a first-time DUI offense in Colorado include:

• Driver’s license suspension: For a first offense, your driver’s license will be suspended for 9 months.

• Temporary license: After your arrest, you’ll have a 7-day grace period to drive before your suspension takes effect, assuming you don’t contest the suspension.

• Hardship license: If you meet certain requirements, you may be eligible for a restricted or hardship license. This allows you to drive for certain purposes, such as commuting to work or attending court-ordered DUI education programs, during the suspension period.

It’s important to note that if you refuse to submit to a chemical test (e.g., a breathalyzer or blood test), your license will be automatically revoked for a longer period—one year for a first offense.

Criminal Penalties

In Colorado, a first-time DUI conviction is considered a Class 1 misdemeanor. While jail time isn’t mandatory for a first offense, there’s still the possibility of facing some time behind bars, especially if there are aggravating factors. The penalties include:

• Jail time: A first-time DUI conviction can lead to a jail sentence of five days to one year. However, many first-time offenders may receive a sentence that is suspended or reduced to probation, community service, or alcohol education classes.

• Fines: A first-time DUI offender can be fined between $600 and $1,000. In addition, the court may impose other financial obligations, such as court costs or fees for DUI classes or community service programs.

While these penalties can’t always be avoided, working with a skilled criminal defense attorney will increase your odds of a favorable outcome.

Probation and Supervised Release

Probation is a common sentence for those convicted of a first DUI offense in Colorado. If granted probation, the terms will vary but often include conditions such as:

• Probation period: Typically, first-time offenders are sentenced to one to two years of probation.

• Supervision: During the probation period, you’ll be supervised by a probation officer who will make sure you comply with the terms of your sentence.
  Alcohol and drug counseling: First-time DUI offenders are usually required to attend alcohol education and counseling programs. These programs can vary in length, but typically last between 24 and 36 hours over several weeks. You may also be required to undergo drug or alcohol testing.

• Community service: The court may impose 48 to 96 hours of community service as part of your sentence. This may include volunteering at community organizations or other court-approved activities.

In addition to the terms and conditions of your probation, you’ll also likely be required to attend an alcohol education program. I’ll discuss these programs in more detail below.

Alcohol Education Classes and Treatment Programs

Your DUI sentence in Colorado may include an alcohol education program. These programs are designed to educate offenders about the dangers of impaired driving and help prevent future offenses.

The specific requirements for these programs will depend on the details of your case, but generally, you’ll be required to attend classes that focus on:

• The effects of alcohol and drugs on driving

• The consequences of a DUI conviction

• Personal accountability and responsible decision-making

If your BAC level was particularly high, or if there were other aggravating circumstances, you may be required to attend more intensive treatment programs. These programs can be in-patient or outpatient, depending on the severity of the situation.

Aggravating Factors That Can Increase Penalties

There are certain aggravating factors that can make your DUI penalties more severe, even for a first offense. These factors can increase your sentence, fines, or other legal consequences. Some of the common aggravating factors include:

• High BAC: If your BAC is 0.15% or higher, you may face enhanced penalties, such as longer license suspensions, higher fines, or mandatory alcohol treatment.

• Minor passengers: If you’re caught driving under the influence with a passenger under 16 years old, the penalties can be more severe. In some cases, this can result in additional charges or longer sentences.

• Accidents or injuries: If your DUI offense involved an accident that resulted in property damage or injury, you could face additional charges, including criminal negligent homicide, or more severe fines and jail time.

The stakes are higher in cases with these aggregating factors, making it critical to work with a DUI attorney to form a comprehensive defense strategy.

Potential Defenses Against a DUI Charge

While DUI penalties can be severe in Colorado, there are several legal defenses that can be used to challenge the charge. Some potential defenses include:

• Improper stop or arrest: If the police didn’t have probable cause to stop your vehicle, or if your arrest was conducted improperly, it may be possible to challenge the charges on constitutional grounds.

• Faulty breathalyzer or blood test: Breathalyzer and blood tests must be properly administered and calibrated. If the equipment was malfunctioning or the test wasn’t administered correctly, the results may be invalid.

• Medical conditions: Some medical conditions or medications can produce false positives on a breathalyzer test. If this is the case, it could be used as a defense.

• Errors in procedure: The arresting officer must follow strict procedures when making a DUI arrest. If they failed to do so, it may be possible to argue that the charges should be dismissed.

An experienced DUI attorney can help you evaluate your case and determine the best strategy to reduce or dismiss the charges.

Long-Term Consequences of a DUI Conviction

A first-time DUI conviction in Colorado can have long-term consequences that go beyond immediate penalties. These can include:

• Insurance premiums: A DUI conviction can significantly increase your auto insurance premiums, sometimes making it difficult to find affordable coverage.
  Employment impact: A DUI conviction can negatively impact your job prospects, especially if you’re required to drive as part of your employment or if you work in a field where driving is a key part of your role.

• Criminal record: A DUI conviction is a permanent mark on your criminal record, which can affect your ability to travel internationally, seek housing, or apply for loans.

A DUI attorney can help you better understand these consequences and advise you on the best steps to take as you face any challenges ahead.

Reach Out to an Experienced DUI Attorney

A first offense DUI in Colorado can lead to significant legal, financial, and personal consequences. However, there may also be opportunities for defense and mitigation of the charges. At Watkins Law Firm LLC, I help individuals in Longmont, Louisville, Lafayette, Broomfield, and the rest of Colorado face DUI charges with dignity and a comprehensive understanding of their legal rights. Contact me today if you or someone you know is in need of representation.