Fort Collins, Colorado, DUI/DWAI Defense Attorney
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., and I have years of experience handling drunk driving cases for clients in the Fort Collins area. For more information regarding DUI/DWAI consequences, see the information below or contact me today.
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; fine; fees and costs. Jail is not mandatory for a first offense, unless the BAC is .200 or above. For subsequent offenses, jail is mandatory.
The following chart details these consequences:
|
TYPE OF CONVICTION |
MANDATORY JAIL |
RANGE OF POSSIBLE JAIL |
RANGE OF POSSIBLE FINES |
COMMUNITY SERVICE |
STATUTORY CITE |
|
Conviction for DUI, DUI per se |
none |
5 days - 1 year |
$600 - $1,000 |
48 - 96 hours; 48 hours are mandatory |
C.R.S. §42-4-1301 (9)(a)(I)(2001) |
|
Conviction for DUI, DUI per se with prior conviction in lifetime for DUI, DUI per se, vehicular assault, vehicular homicide or driving under restraint (alc. or non-alc.) |
10 days |
90 days - 1 year |
$1,000 - $1,500 |
60 - 120 hours; 60 hours are mandatory |
C.R.S. §42-4-1301 (9)(a)(II)(A)(2001) |
|
Conviction for DUI, DUI per se or DWAI if blood alcohol level is .20 or greater within two hours of driving |
10 days |
90 days - 1 year |
$1,000 - $1,500 |
60 - 120 hours; 60 hours are mandatory |
C.R.S. §§42-4-1301 (9)(a)(II)(B), (b)(IV)(2001) |
|
Conviction for DUI, DUI per se substance with prior conviction in lifetime for DWAI |
7 days |
70 days - 1 year |
$900 - $1,500 |
56 - 112 hours; 56 are mandatory |
C.R.S. §42-4-1301 (9)(a)(3)(2001) |
|
Conviction for DWAI |
none |
2 days - 180 days |
$200 - $500 |
24 - 48 hours; 24 are mandatory |
C.R.S. §42-4-1301 (9)(b)(I)(2001) |
|
Conviction for DWAI with prior conviction(s) for DWAI in lifetime |
5 days |
45 days - 1 year |
$600 - $1,000 |
48 - 96 hours; 48 are mandatory |
C.R.S. §42-4-1301 (9)(b)(II)(2001) |
|
Conviction for DWAI with prior conviction in lifetime for DUI, DUI per se, vehicular assault, vehicular homicide, or driving under restraint (alc. or non-alc.) |
6 days |
60 days - 1 year |
$800 - $1,200 |
52 - 104 hours; 52 are mandatory |
C.R.S. §42-4-1301 (9)(b)(III)(2001) |
For a first time offender, the court is allowed to suspend jail time on the condition the offender completes an alcohol evaluation, and 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 2 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.
Contact me, attorney David H. Johnson to discuss your specific DUI/DWAI situation in a free initial consultation. Let me explain what I can do for you.
