Drunk driving penalties are both criminal and administrative in Colorado. A criminal court judge will determine your sentence in the criminal part of your case, while the Department of Motor Vehicles (DMV) will suspend your driving privileges. These two cases are completely distinct from one another; for example, your case could potentially be dismissed at the DMV and you would keep your driver’s privileges, but you could be convicted in criminal court.
Attorney William (Bill) T. McAdams is a former Colorado prosecutor who is now in private practice as a criminal defense attorney. He can review your case in a free initial consultation and explain your potential options for both the criminal case and the DMV case against you. He is skilled and experienced in helping clients defend against DUI charges and in protecting their drivers’ privileges.
Criminal court judges can make decisions on:
Factors that play a role in the determination of your penalty include whether you have been arrested on DUI charges or other alcohol-related charges in the past, whether you were involved in an accident at the time of your arrest and if anyone was hurt, your attitude and demeanor while under arrest, your behavior since your arrest and whether you have attended alcohol counseling or treatment. Perhaps as important to your case’s outcome is the quality of the attorney you retain to defend you. A skilled attorney can find weaknesses in the evidence that may mean case dismissal or at the very least, a reduction in the charges against you.
The penalties for a DUI or DWAI conviction vary significantly. For the most part, a first-time conviction on a DUI or DWAI charge will not involve jail time.
| Crime | Level of Crime | Jail Range | Mandatory Jail | Addition Suspended Jail | Probation | Fines | Community Service |
| 1st DWAI | Misdemeanor | 2 days – 180 days | None | None | 0 – 2 years | $200 – $500 | 24 – 48 hours |
| 1st DUI | Misdemeanor | 5 days – 1 year | None | None | 0 – 2 years | $600 – $1,000 | 48 – 96 hours |
| 1st DUI with BAC > .200 | Misdemeanor | 10 days – 1 year | 10 days | None | 0 – 2 years | $600 – $1,000 | 48 – 96 hours |
| 2nd Offense | Misdemeanor | 10 days – 1 year | 10 days | 1 year | 2 – 4 years | $600 – $1,500 | 48 – 120 hours |
| 3rd Offense | Misdemeanor | 60 days – 1 year | 60 days | 1 year | 2 – 4 years | $600 – $1,500 | 48 – 120 hours |
| 4th+ Offense | Felony | Up to 12 years of prison | None | None | Up to Lifetime | $2,000 – $500,000 | Discretion of the Court |
In many of these cases, a DMV conviction will also require that you install an ignition interlock device on your vehicle, which means that once you regain your driver’s license, you will need to blow into this device, which will measure your blood alcohol content, before you are able to start your car.
Whether you are facing a DWAI or you have been charged as a repeat DUI offender, McAdams Law Office is prepared to provide you with skilled, supportive and timely defense of your rights. To discuss your case with Mr. McAdams in a free, confidential initial consultation, please call (970) 353-0000 for a free consultation that is confidential. You may also send us a secure and confidential email to schedule an appointment.