“DUI in Colorado Springs” – A Game Plan for Beating It

Driving under the influence in Colorado Springs is a misdemeanor in most cases. A first offense carries

• 5 days to 1 year in jail,
• $600 to $1,000 in fines,
• 48 to 96 hours of public service,
• alcohol-and-drug evaluation, education, or treatment, and
• a 9-month license revocation.

There are several legal defenses that could reduce or dismiss the criminal charges. In this article, our Colorado Springs DUI defense attorneys discuss:

• 1. When is “driving under the influence” a crime in Colorado Springs?
• 2. What are the DUI penalties in Colorado Springs?
• 3. Can I keep my license?
• 4. How can I fight the charges?
• 5. Is DUI of marijuana illegal, too?
• 6. Can I get my criminal record sealed?
• 7. Who prosecutes DUI cases in Colorado Springs?

1. When is “driving under the influence” a crime in Colorado Springs?

Colorado Springs has several different crimes for driving under the influence of alcohol or drugs, depending on your age, level of intoxication, and whether someone got hurt:

DUI / DUI per se

You face DUI charges for driving while under the influence of either alcohol or controlled substances (drugs). In short, it is illegal to drive drunk or high. You face DUI per se charges if your blood alcohol content (BAC) is 0.08% or higher. It does not matter if you are being safe and do not seem impaired. Driving with a BAC of at least .08%, or having that BAC within two hours after driving, constitutes DUI per se.¹

DWAI

Short for driving while ability impaired, DWAI means driving after alcohol, drugs, or both have affected you to the slightest degree so that you are less able than usual to drive safely. A BAC above .05% but below .08% permits an inference that your ability was impaired, but BAC is not an element of DWAI.

DWAI cases are less serious than DUI cases.²

UDD

UDD – short for underage drinking and driving – occurs when a person under 21 years old drives with a BAC of 0.02% to 0.05%. Called “baby DUI,” UDD reflects Colorado’s “zero tolerance” policy for underage drinking.³

DUI causing injury or death

The crime of vehicular assault (C.R.S. 18-3-205) is drunk or drugged driving that results in a serious bodily injury, such as broken bones, burns, paralysis, or disfigurement.⁴ The crime of vehicular homicide (C.R.S. 18-3-106) is drunk or drugged driving that results in a fatality.⁵

2. What are the DUI penalties in Colorado Springs?

The punishment for drunk or drugged driving turns on the specific offense and whether you have prior convictions.

DUI / DUI per se

Driving under the influence offense	Penalties in Colorado Springs
First-time DUI or DUI per se	Misdemeanor: 5 days – 1 year in jail; $600 – $1,000; 48 – 96 hours of public service; 9-month license revocation; 12 DMV points; alcohol evaluation, education, and treatment as ordered; and up to 2 years of probation. The court may suspend the mandatory minimum jail term if you undergo an alcohol-and-drug evaluation and satisfactorily complete the recommended Level I or Level II program. If you have a blood alcohol concentration (BAC) of 0.15% or higher, you will be designated as a persistent drunk driver (PDD). If the BAC is 0.20% or higher, the jail sentence is 10 days to 1 year.
Second-time DUI or DUI per se	Misdemeanor: 10 days – 1 year in jail; $600 – $1,500; 48 – 120 hours of public service; 1-year license revocation; ignition interlock device (IID); 12 DMV points; alcohol evaluation, education, and treatment as ordered; and PDD designation, requiring a level II alcohol education and treatment program and potentially additional DMV reinstatement requirements.
Third-time DUI or DUI per se	Misdemeanor: 60 days – 1 year in jail; $600 – $1,500; 48 – 120 hours of public service; 2-year license revocation; ignition interlock device; 12 DMV points; and alcohol evaluation, education, and treatment as ordered.
Fourth or subsequent DUI or DUI per se	Class 4 Felony: 2 – 6 years Colorado State Prison with 3-year parole; and/or $2,000 – $500,000. If the court grants probation for felony DUI, it generally must order either 90 to 180 days in county jail or 120 days to two years through an authorized work-release-type program, plus 48 to 120 hours of public service and at least 90 days of continuous alcohol monitoring.6

2.2. DWAI

Driving While Ability Impaired offense	Penalties in Colorado Springs
First-time DWAI	Misdemeanor: 2 – 180 days jail; $200 – $500; 24 – 48 hours of public service; 8 DMV points; and up to 2 years of probation. The court may suspend the mandatory minimum jail term if you undergo an alcohol-and-drug evaluation and satisfactorily complete the recommended Level I or Level II program.
Second-time DWAI	Misdemeanor: 10 days – 1 year in jail; $600 – $1,500; 48 – 120 hours of public service; and 8 DMV points.
Third-time DWAI	Misdemeanor: 60 days – 1 year in jail; $600 – $1,500; 48 – 120 hours of public service; and 8 DMV points.
Fourth or subsequent DWAI	Class 4 Felony:  2 – 6 years prison with 3-year parole; and/or $2,000 – $500,000 If the court grants probation for felony DUI, DUI per se, or DWAI, it generally must order either 90 to 180 days in county jail or 120 days to two years through an authorized work-release-type program, plus 48 to 120 hours of public service and at least 90 days of continuous alcohol monitoring.7

UDD

Underage drunk driving offense	Penalties in Colorado Springs
First-time UDD	Class A traffic infraction: $15 – $100; possibly up to 24 hours of useful public service; 3-month license suspension;  4 DMV points; and alcohol evaluation, education, and treatment as ordered.
Second or subsequent UDD	Class 2 traffic misdemeanor: 10 – 90 days of jail time; and/or $150 – $300; 6-month license suspension for a 2nd UDD; 1-year license suspension for a 3rd or later UDD; 4 DMV points; and alcohol evaluation, education, and treatment as ordered.8

DUI causing injury or death

Felony DUI offense	Penalties in Colorado Springs
Vehicular assault (DUI causing serious bodily injury)	Class 4 Felony:  2 – 6 years prison with 3-year parole; and/or $2,000 – $500,000.
Vehicular homicide (DUI causing death)	Class 3 felony: 4 – 12 years prison with 3-year parole; and/or $3,000 – $750,000.

Learn more about felony DUI laws in Colorado.⁹

Surcharges

In addition to fines, you can expect to pay additional costs.¹⁰ These may include:

• $95 for a license reinstatement plus a $25 DUI restoration fee
• $100 to $500 PDD surcharge
• $25 for the Colorado Brain Injury Trust Fund
• $1 to $10 for alcohol and substance abuse programs in rural areas
• $200 for alcohol/drug evaluation
• $30 victim’s compensation fund surcharge
• $2 substance-affected-driving data-analysis surcharge
• costs of alcohol and drug treatment
• charges for towing and impoundment
• ignition interlock device costs
• higher insurance premiums when it comes time to renew car insurance

3. Can I keep my license?

In Colorado Springs, DUIs and UDDs generally trigger two separate license proceedings:

1. an administrative DMV case, for which you can request a DMV hearing (also called an express consent hearing); and
2. a criminal court case.

Even if you win the DMV case, your license can still be revoked if you are convicted of DUI. Likewise, your license can still be revoked through the DMV proceeding even if the criminal DUI charge is reduced or dismissed.

Depending on the basis for the revocation, you may be eligible for early reinstatement by obtaining an interlock-restricted license. The required IID period is generally nine months for a first excessive-BAC revocation and at least two years for a persistent drunk driver (including a driver whose BAC was 0.15% or higher), subject to early-removal rules.¹¹

Note that refusing to take or cooperate with a chemical test required under Colorado’s expressed-consent law may trigger a license revocation, even if no criminal charges are filed:

• A first-time refusal carries a one-year revocation (but it may be possible to get an early reinstatement of driving privileges after 60 days if you drive with an IID for 24 months).
• A second-time refusal carries a two-year revocation.
• A third-time refusal carries a three-year revocation.¹²

If you elect to take the breath test – and fail it – you will be given a notice of express consent affidavit and notice of revocation. This document notifies you that you have seven days to request a DMV hearing. Otherwise, the license will be revoked on the eighth day.

Meanwhile, if you elect to take the blood test, you get to keep your license until the results come back, which may be weeks later. If the results come back as positive for DUI, the arresting officer will file the notice of express consent affidavit with the DMV, which in turn will mail the notice of revocation to you.

You have 7 days from the date the letter was sent to request a DMV hearing. Otherwise, the revocation will take effect after the seven-day deadline expires. If you request a DMV hearing in time, you can continue driving pending the DMV hearing, which is generally up to 60 days later.

A criminal defense attorney can always request DMV hearings on your behalf. Otherwise, you are advised to go to the DMV with your notice of express consent affidavit to request the hearing in person.

You can request that your arresting officer be present. DMV hearings are much harder to win than criminal cases. This is because criminal prosecutors have the burden to prove guilt beyond a reasonable doubt, whereas the DMV can revoke your license based on far less evidence. Though DMV hearings are still worth the effort because

• they serve as a dry run for the criminal case, and
• the defense attorneys can use what they learn to mount a stronger fight against the D.A.

DUI / DUI per se

The license revocation period for a DUI / DUI per se in Colorado Springs increases with each successive violation:

• First violation: 9 months.
• Second violation: 1 year.
• Third or subsequent violation: 2 years.¹³

DWAI

DWAIs do not trigger an automatic license revocation in Colorado Springs.¹⁴

UDD

The license suspension period for a UDD in Colorado Springs increases with each successive violation:

• First violation: 3 months.
• Second violation: 6 months.
• Third or subsequent violation: 1 year.¹⁵

DUI causing injury or death

Vehicular assault and vehicular homicide each generally carry a license revocation of at least one year.¹⁶

4. How can I fight the charges?

There are many ways criminal defense attorneys can fight DUI charges in Colorado Springs, depending on the facts of the case and the available evidence. Ten potential defenses include:

1. The police officer did not have reasonable suspicion to make the traffic stop.
2. The police officer gave improper instructions for the field sobriety tests.
3. You suffered from a medical condition that caused you to fail the field sobriety tests.
4. The law enforcement officer did not have probable cause to place you under arrest.
5. The breathalyzer was defective, or the police officer did not administer the test correctly.
6. The blood sample or test results were contaminated.
7. The officer did not get a warrant to draw blood after you refused a blood draw.
8. Your BAC level was legal while behind the wheel, but it rose later while taking the chemical test (“rising blood alcohol“).
9. You suffered from medical conditions that caused a high BAC level, such as GERD.
10. You suffered from a medical condition that made you seem intoxicated, such as a diabetic seizure.

It is important that you appear at your arraignment and all future court appearances (unless the court allows your attorney to appear on your behalf). Otherwise, the judge may issue a bench warrant for your arrest. A Colorado Springs DUI lawyer will always advise you to plead not guilty at the arraignment.

Even if a case feels impossible to win, criminal defense attorneys are skilled at fighting for the best possible resolutions in DUI cases. In many cases, they can achieve a favorable plea deal.

5. Is DUI of marijuana illegal, too?

Yes. DUI of marijuana is punished the same as drunk driving in Colorado Springs. It does not matter that recreational marijuana is legal.

If an officer has probable cause to suspect drugged driving, Colorado’s expressed consent law requires you to cooperate with an authorized blood, saliva, or urine test selected under the applicable testing rules. A breath test cannot measure drug levels.¹⁷ Learn more about DUI of drugs (DUID).

6. Can I get my criminal record sealed?

DWAI and DUI convictions can never be sealed in Colorado Springs. Though UDD convictions may be expunged after you turn 21 years old. Criminal charges that get dismissed may be sealed right away unless the dismissal was granted through a deferred judgment.¹⁸ Learn how to seal Colorado criminal records. Having any criminal record can restrict

• educational,
• housing, and/or
• employment

opportunities. Plus, it carries a social stigma.

7. Who prosecutes DUI cases in Colorado Springs?

The 4th Judicial District Attorney brings DUI charges in Colorado Springs (and throughout El Paso and Teller Counties). State DUI cases are generally heard in the El Paso County Judicial Building, located at:

270 S Tejon St

Colorado Springs, CO 80903

719-452-5000

Note that DUIs on federal land in Colorado Springs are prosecuted by the Department of Justice in the District of Colorado. Colorado Springs’ federal court is located at:

212 N. Wahsatch Avenue

Colorado Springs, CO 80903

(719) 471-3387

Depending on the location, DUI suspects in Colorado Springs are arrested by either the:

• Colorado Springs Police Department,
• El Paso County Sheriff’s Office, and/or
• U.S. Marshals Service, District of Colorado

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Legal References