Local Colorado Springs DUI Lawyer Alexis Austin On Drinking and Driving This Halloween

This Halloween statewide law enforcement agencies will be working together to halt drunk driving and get impaired drivers off the road.

Over the last few years the Colorado Department of Transportation (CDOT), Colorado State Patrol (CSP), and other statewide law enforcement agencies have focused on clamping down on drunk driving over Halloween weekend.

“Impaired driving is an issue that law enforcement will continue to take very seriously,” said Col. Scott Hernandez, Chief of the Colorado State Patrol. “Driving under the influence will be enforced until there are zero impaired drivers on Colorado roadways. The more sober drivers, the more lives are saved.”

Last year, 308 drivers were arrested for DUI-related charges, up from 269 DUI arrests in 2017.

The consequences for DUI can be severe.

DUI offenders can be punished with up to one year in jail, thousands of dollars in fines and a nine-month license suspension. On average, after fines, attorney fees and the increase in insurance costs, a DUI can cost more than $10,000. Penalties increase for additional DUI arrests.

“The best way to defend yourself against DUI charges is to not drink and drive,” says Colorado Springs DUI lawyer Alexis Austin. “DUIs are common, and unfortunately they have a lasting impact. Beyond the costs of legal fees, alcohol class fees, sobriety monitoring, and license restrictions, a DUI is a criminal charge. This means you will have a criminal conviction on your record. You will also lose your driving privileges — and depending on what professional licenses you hold — potentially lose your job or damage your career.

“Often times, when people are charged with a DUI, they feel they need to immediately accept a deal, plead guilty, and move on. In almost every situation, this is a bad decision. As a former prosecutor, I can tell you that you are far more likely to have a better outcome if you understand the law, have a lawyer on your side, and put in work upfront before simply pleading guilty. There are two separate sides of a DUI — the criminal side and the DMV side — and having a lawyer help you navigate both sides of this process is key.

“If you are facing DUI charges, you should get a free consultation with a local DUI attorney immediately. You only have 7 days from the date of your arrest to request an administrative review from the DMV. If you do not meet the deadline and prevail at the hearing, your license can be automatically suspended for up to one year — this is why speaking with an attorney as soon as possible is the best way to protect yourself.”

What is the Colorado DUI Limit?

It’s important to remember that you do not have to show any signs of impairment in order to be charged with a DUI. You also do not have to be drinking alcohol to be charged.

In Colorado, if your blood alcohol content (BAC) is 0.08% or higher you can be arrested, but you can also be arrested for DWAI if your BAC is above 0.05%.

If your BAC is 0.17% or higher you can be charged with “aggravated DUI”, which allows the court to apply stiffer penalties, even for first time offenders.

You can also be charged with DUI if you have been using recreational or medical marijuana, or if you have been using medically necessary prescription drugs.

Colorado DUI Penalties

DUI penalties in Colorado depend on a number of factors, including how many DUI offenses you have had in the past, and any aggravating factors that occurred at the time of arrest. For example, if you were in an accident and someone was hurt, or if children were in the vehicle, the severity of the charge will increase and usually result in stiffer penalties and longer jail time, or prison, if convicted.

Common Questions About DUI

How long do you lose your license for a DUI in Colorado?

The minimum period of Colorado driver’s license revocation for a DUI or DUI per se is: 9 months for a first violation, 1 year for a second violation; or 2 years for a third or subsequent violation, regardless of when the prior violations occurred. Colorado has no “lookback” period, meaning a DUI that happened 10 years ago can still be used against you and result in higher penalties for any subsequent DUIs.

Is a DUI a felony in Colorado?

Driving under the influence is a misdemeanor in Colorado, but it is a class 4 felony if the violation occurred after three or more prior convictions, arising out of separate and distinct criminal episodes, for DUI, DUI per se, or DWAI; vehicular homicide; vehicular assault; or any combination thereof.

What happens if you refuse a Breathalyzer or bloodtest in Colorado Springs?

Refusing the breathalyzer or bloodtest — or revoking your consent later — to any post-arrest blood, breath, or chemical test in Colorado Springs may result in more serious repercussions, including:

• Automatic suspension of your Colorado driver’s license for one year (though you can apply for reinstatement of driving privileges after two months).
• Designation as a Colorado “persistent drunk driver,” even if it is your first DUI arrest.
• Participation in mandatory Colorado Springs DUI classes and treatment programs.
• An ignition interlock device on your vehicle for at least one year following the restoration of driving privileges, and
• Being required to carry SR-22 insurance (even if you are found not guilty of DUI).

Additionally, your refusal to submit to post-arrest testing can be used against you at trial as evidence of your guilt.

Visit https://www.rightlawgroup.com/ to learn more.