Frequently Asked Questions

• What is the legal limit for driving under the influence in Colorado?

In Colorado, a person will be arrested for driving under the influence (DUI) if they are found operating or driving a motor vehicle with blood alcohol concentration of .08 or more.

• What are the penalties for DUI?

The penalties for DUI depend on the nature of your charges. A first-time DUI conviction will typically result in no more than $1,000 in fines, community service, and mandatory DUI classes. However, there are certain factors that will increase the penalties, such as causing a serious or fatal accident, driving with a BAC above .20, or having a minor in a vehicle. Having multiple DUI convictions on your record will also result in enhanced penalties.

• Will I go to jail if it’s my first DUI?

In general, most first-time DUI convictions do not result in jail time. However, there are always exceptions, so it’s important to obtain aggressive and experienced defense representation to increase your chances of avoiding jail or prison.

• Should I submit to a field sobriety test?

Because it’s not a legal requirement to take a field sobriety test, it’s best to politely decline. Field sobriety tests are not 100% accurate and are definitely not a good way to determine if someone is intoxicated; even a sober person could have difficulty passing. By taking a field sobriety test, you are essentially giving the police and prosecution more evidence to you against you in court. It’s best to just politely refuse the test and ask for a breath or blood test instead.

• If I lose my license, can I obtain some type of hardship permit?

While hardship-type licenses are available to those who have lost their license due to a DUI arrest or conviction, not everyone is eligible for a hardship permit. There are a number of factors the judge will take into consideration before issuing a hardship license, including your DUI and criminal history, the circumstances of your arrest, and whether or not you have valid reason for needing a hardship license. It should be noted that even if the judge grants you a hardship permit, you will only be allowed to drive to court-approved places, like work, school, AA meetings, etc. In addition, you will only be allowed to drive during certain times of the day.