Fort Collins DUI/DWAI Consequences Lawyer

If you are charged with a DUI or DWAI the court will impose consequences which normally consist of: probation, alcohol assessment and treatment, useful community service, court costs and fines. Jail is not often imposed for a first offense, unless the BAC is .200 or above. For subsequent offenses, jail time is mandatory.

When dealing with DUI/DWAI charges, it is essential to have a knowledgeable legal representative in your corner. I am lawyer David H. Johnson, of the law office of Liggett, Johnson & Goodman, P.C. I have more than 30 years of experience dealing with DUI and other criminal cases for clients in the Fort Collins area. To learn more concerning DUI/DWAI charges, call my Colorado law practice at 970-829-1221

What is a DUI?

Driving a vehicle when a person has consumed alcohol or drugs (or a combination of alcohol and drugs) which affect the person to a degree that the person is substantially incapable, either mentally or physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle. Under the statute, there is an inference of such if your BAC is .080 or above.

What is a DWAI?

Driving a vehicle when a person has consumed alcohol or drugs (or a combination of both alcohol and drugs) which affect the person to the slightest degree so that the person is less able, either mentally or physically, or both, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle. Under the statute, there is an inference if your blood alcohol content (BAC) is above .050 but less than .080 you are DWAI.

Avoid the Strict DUI/DWAI Consequences in Colorado

DUI or DWAI is a serious offense in Colorado. If convicted, you may face revocation of your driver’s license, heavy fines, or even jail time. To help minimize the serious consequences of a DUI/DWAI conviction, it is important to understand the procedures involved in resolving a DUI charge.

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 Department of Motor Vehicles (DMV). Depending on your age or prior driving history, the DMV might suspend or revoke your privelege 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.

If you need assistance in understanding your legal options with a with a Fort Collins DUI lawyer please schedule an appointment at my Fort Collins office by calling 970-829-1221.

Mandatory Sentencing in Colorado: Learn More
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)
Probation for at least two years.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)
Probation for at least two yearsOne year suspended jail*

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