Colorado has some of the strictest DUI laws in the nation. On average, there were 72 DUI arrests per day in the state, according to Colorado Bureau of Investigation’s annual crime report in 2011. Among the top ten counties for DUI offenses are Denver, El Paso, Adams, Arapahoe, Jefferson, Weld, Larimer, Boulder, Mesa, and Douglas.
According to Colorado Revised Statutes, Title 42-4-1301:
It is a misdemeanor for any person who is under the influence of alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, to drive any vehicle in this state (“DUI”).
It is a misdemeanor for any person who is impaired by alcohol or by one or more drugs, or by a combination of both, to drive any vehicle in this state (“DWAI”).
In the state of Colorado, the legal limit for driving under the influence (“DUI”) is a BAC (Blood Alcohol Content) of 0.08. This means that your BAC cannot have more than .08 grams of alcohol per 100 milliliters of blood while driving. In the State of Colorado, you are presumed Driving While Ability Impaired (“DWAI”) with a BAC between .05 and .08. As seen from the above statutes, a person can now be convicted for driving while under the influence by one or more drugs (“DUID”). This is true even if the drugs are prescribed by your doctor or legal to possess or consume.
On July 1, 2010, HB 1347 went into effect and modified sentencing for drinking and driving convictions, posing stricter sentencing. Some of the significant changes are mandatory jail time for a BAC of .2 or above, mandatory 10-day minimum jail term for a second offense including DUI, DWAI, and DUID (straight jail time, no good time and no alternative sentencing programs like EHM/IHD if the second is within 5 years), as well as a 60-day minimum jail sentence for a third and subsequent offenses (straight jail time, no good time and no alternative sentencing programs like EHM/IHD). Drinking and driving offenses can also result in the suspension or revocation of your driver’s license.
James T. Anest, P.C., Attorneys at Law will aggressively defend you against DUI, DUID and DWAI charges through every step of the process because we know that when faced with serious charges, you need a serious defense. James T. Anest, P.C. is located in Parker, CO, but services clients across the Denver Metro area including Arapahoe County, Douglas County, Lone Tree, Highlands Ranch, Castle Rock, Jefferson County, Adams County, Denver County, Boulder County, Kiowa and Elizabeth.
