If you are found guilty of a DUI or DWAI the court will impose consequences which usually include: probation, alcohol evaluation and treatment, useful public service, fines, fees and costs. Jail is not mandatory for a first offense, unless the BAC is .200 or above. For subsequent offenses, jail is mandatory.
When facing DUI/DWAI charges, it is important to have an experienced lawyer on your side. I am attorney David H. Johnson, of the law firm of Liggett, Smith & Johnson, P.C. I have more than 25 years of experience handling drunk driving and other criminal cases for clients in the Fort Collins area. For more information regarding DUI/DWAI consequences, contact my Colorado law firm.
Greeley Drunk Driving Defense Attorney
The following chart details DUI/DWAI consequences:
DAVID H. JOHNSON - LIGGETT, SMITH & JOHNSON, P.C.
425 W. Mulberry Street, Suite 112, Fort Collins, Colorado 80521 -- 970-279-1968
| TYPE OF CONVICTION | MANDATORY
JAIL | RANGE OF
POSSIBLE JAIL | RANGE OF
POSSIBLE FINES | MANDATORY COMMUNITY
SERVICE | STATUTORY
CITE |
| Conviction for DWAI | None, unless BAC .20 or above, then 10 days straight time or work release |
Two days - 180 days | $200 - $500 | 24 - 48 hours | C.R.S. §42-4-1307 (4)
Probation up to two years |
| Conviction for DUI, DUI per se | None, unless BAC .20 or above, then 10 days straight time or work release |
Five days - one year | $600 - $1,000 | 48 - 96 hours | C.R.S. §42-4-1307(3)
Probation up to two years |
| Conviction for DUI, DUI per se, DWAI or habitual user that occurred less than 5 years of a prior conviction including vehicular assault, vehicular homicide, aggravated driving with a revoked license or DUR | 10 days straight time. Work release okay if at time of sentencing either has a job, is attending school or participating in Level II treatment | 10 days - one year | $600 - $1,500 | 48 - 120 hours | C.R.S. §42-4-1307 (5)(b)
Probation for at least two years.One year suspended jail* |
| Conviction for DUI, DUI per se, DWAI or habitual user, with prior conviction in lifetime including vehicular assault, vehicular homicide or aggravated driving with a revoked license or DUR §42-2-138 | 10 days, but alternative sentencing available | 10 days - one year | $600 - $1,500 | 48 - 120 hours |
C.R.S. §42-4-1307 (5)(a)
One year suspended jail* |
| Conviction for DUI, DUI per se, DWAI or habitual user with two or more prior convictions in lifetime including vehicular assault, vehicular homicide or aggravated driving with a revoked license or DUR 42-2-138 | 60 days straight
time. Work release okay if at time of sentencing convicted has a job, is attending school or participating in Level II treatment | 60 days - one year | $600 - $1,500 | 48 - 120 hours |
C.R.S. §42-4-1307 (6)
One year suspended jail* |
*Court can order additional 2 years probation. Court can require reporting in person to court. Court can require Interlock restricted driver's license as part of probation. Court can require alcohol monitoring.
Minimizing Your Fort Collins DUI/DWAI Consequences
For a first-time offender, the court is allowed to suspend jail time on the condition the offender completes an alcohol evaluation and the recommended treatment. This evaluation is conducted by the ADDS unit of the probation department. Based on the results of the evaluation, one of the following programs will be required:
- Level I Education Program — 12 hours of education. Classes can be completed on a weekend.
- Level II Education Program — 24 hours of education. Classes are done two hours a week for 12 weeks.
- Therapy — After completing the Level II Education Program, some offenders are required to attend therapy. Therapy classes are separated into four levels: 42 hours, 52 hours, 68 hours and 86 hours. Therapy classes are two hours each week.
When the court enters a conviction for DUI or DWAI, the conviction will be sent to the DMV. Depending on your age or prior driving history, the DMV may revoke your privilege to drive in Colorado based on the conviction. Offenders under the age of 21 and all offenders who plead guilty to DUI must surrender their driver's license at the time of their plea in court.
For more information or to discuss your criminal defense needs, contact my Colorado law office. Call 970-279-1968 now to schedule your FREE CONSULTATION with a Fort Collins DUI lawyer.
