Free Initial Consultation
South Denver: 303-731-0719
North Denver: 303-916-9006
Toll free: 866-365-9351
COVID-19 RESPONSE: We are open and available to meet with you in-person or via phone / video conference. Click our number to connect with an attorney.


Driving Under the Influence Punishment Rules - Denver DUI Lawyer

Driving Under the Influence, or DUI, defined at C.R.S. 42-4-1301, is a serious driving and criminal offense in Arapahoe, Boulder, and Denver County. Since there are many complicated rules surrounding DUIs, a criminal defense lawyer can make the difference.

The usual punishment for a DUI will vary by the number of prior offenses you have, the alcohol / drug content of your blood or breath, and whether there is injury to others. Possible punishments involve being sentenced to the Department of Corrections, County Jail, Probation, fines, and/or community service.

First, if you have prior offenses for DUI in Colorado or other states, the court will punish you more severely. The amount of jail time is a very significant punishment, and for someone who has no priors, they will likely receive a 5 day jail sentence. A second offense has a minimum of 10 days. A third, or more offenses, carry a minimum of 60 days in jail. Prior convictions in counties like Douglas, Adams, and Jefferson County will increase your length of probation, fines, and community service hours.

Next, your alcohol or drug content will also affect your case. An Expressed Consent BAC test, under C.R.S. 42-4-1301.1, will determine the type of charge. For example, if your blood alcohol content (BAC) was above .05 and under .08, you will be charged with a Driving While Ability Impaired (DWAI). If your BAC is above .08 and below .2, then you will be facing normal DUI charges. However, if your BAC is above .2, you will be labeled a Persistent Drunk Driver and have an additional punishment of a minimum sentence of 10 days in jail.

Finally, any injuries others sustain from your drinking and driving conduct will also affect your DUI charges. If you are over the .08 alcohol limit and you kill someone, you will be charged with Vehicular Homicide, a Felony under C.R.S. 18-3-106. Instead of killing someone, let's say they are only injured. Then, you will be dealing with a charge of Vehicular Assault under C.R.S. 18-3-205.

DUI's in Colorado are not always easy for the District Attorney's in El Paso, Larimer, and Weld County to prove. Scientific tests and roadside maneuvers have many rules and police don't always follow them in detail as required by the Colorado Department of Health and Colorado statute. You need an experienced DUI attorney at your side to help fight these charges. If you have been charged with Driving Under the Influence, be smart, exercise your right to remain silent and call us at 303-731-0719. Together, we can protect your future.

No Comments

Leave a comment
Comment Information
Facing Charges? Get Help Now!


Tell us about your case and one of our experienced attorneys will get back to you promptly.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

This site uses Google's Invisible reCAPTCHA, which is subject to Google's Privacy Policy and Terms of Use.

Case Results:

  • Sexual Assault and Rape charges related to divorce. Acquittal from jury trial. Weld County, Greeley, Colorado.
  • Sexual Assault on a Child, Possession of Child Pornography. Acquittal from jury trial. Jefferson County, Golden, Colorado.
  • Arson of Nursing Home. Dismissed by Court on Defendant's Motion to Dismiss. Jefferson County, Golden, Colorado.
  • Felony Drug Distribution. Acquittal from jury trial. Boulder County, Boulder, Colorado.
  • Rape and Sexual Assault charges involving divorce and child custody. Acquittal from jury trial. Douglas County, Castle Rock, Colorado.
  • Burglary and Felony Theft. Dismissed by District Attorney. Arapahoe County, Englewood, Colorado.
  • Theft of Drugs by Nurse. Dismissed by District Attorney. Jefferson County, Golden, Colorado.
  • Sexual Assault on a Child, Position of Trust. Acquittal from Jury Trial. Adams County, Brighton, Colorado.
  • Domestic Violence. Dismissed by District Attorney. Douglas County, Castle Rock, Colorado.
  • Violation of Restraining Order. Dismissed by District Attorney. Douglas County, Castle Rock.

24 hour emergency service Same-day jail visits Free initial consultation Reasonable fees Flexible payment plans

Call Toll free: 866-365-9351 South Denver: 303-731-0719 North Denver: 303-916-9006 Email us

Privacy Policy | Business Development Solutions by FindLaw, part of Thomson Reuters.