In Colorado, when you drive under the influence of alcohol and/or drugs (DUI) or drive when your ability to operate a motor vehicle is impaired by consuming alcohol and/or drugs (DWAI), you can be charged with a traffic misdemeanor.
Generally, DUI means that you drove after you had consumed alcohol, drugs, or both, and you were “substantially incapable” of exercising “clear judgment, sufficient physical control, or due care” in operating your vehicle.
DWAI means that you drove after you had consumed alcohol, drugs, or both, and you were impaired to the “slightest degree,” making you less able than you normally would be to exercise “clear judgment, sufficient physical control, or due care” in operating your vehicle.
While, for first time offenses, DUI and DWAI carry different penalties: both for your drivers license and other collateral consequences (probation, classes, community service, costs, and even jail), for subsequent offenses, DUI and DWAI carry the same penalties (mandatory jail, loss of license, and heightened other penalties).
If you are charged with a DUI or DWAI and you have three or more prior alcohol/drug related driving convictions, you can be charged with a class four felony, with the potential of facing time in prison. The law is written so that it does not matter the age of the convictions or if those convictions were from another state.
Under Colorado law, the presumption is that you should receive treatment under supervised probation. If the court were to sentence you to probation for Felony DUI/DWAI, you must first serve time in jail, the court has 2 options for the imposition of that jail:
After you serve the jail time, then you would start your probation sentence. That would entail completing community service, classes, treatment, paying costs, and reporting to a probation officer for a specified period of time.
The court has the discretion to sentence you to Community Corrections, otherwise known as a halfway house, for a specified period of time. If you were sentenced under this option, you would live with other inmates in a monitored housing environment. You may be required to pay rent, maintain a job, attend treatment, abide by the rules, and various other requirements depending on the facility to which you are accepted. If you were to violate any of the terms of that facility’s contract with you, you could be kicked out and end up in prison.
The court has the discretion to sentence you to the Department of Corrections (DOC). If the judge were to sentence you to prison, depending on your past criminal history and your circumstances when you committed felony DUI/DWAI, the court could sentence you up to 12 years in prison with 3 years of mandatory parole. Generally, however, the average person who is receiving a first time DOC sentence is sentenced to 2 to 6 years in prison with 3 years of mandatory parole.
If you or someone you know has been arrested for committing a felony-level DUI or DWAI, it’s imperative you get in touch with an attorney like the ones at [firm]. The attorneys at the [firm] have been practicing collectively for decades and have a special focus in criminal DUI. We can utilize our skills, resources and defense techniques to formulate a strong defense for your case. Don’t wait another moment to start building your defense and call [firm] at [phone] today to schedule your first consultation.
[firm] is located in Colorado Springs, but practices throughout the greater El Paso County area including Monument, Colorado Springs, Fountain, Manitou Springs, Peyton and Palmer Lake.
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