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I If at such time the defendant's BAC was 0. The department of public health and environment may, by rule, determine that, because of the reliability of the results from certain devices, the collection or preservation of a second sample of a person's blood, saliva, or urine or the collection and preservation of a delayed breath alcohol specimen is not required.
Penalties Imposed for Convictions
This paragraph c shall not prevent the necessity of establishing during a trial that the testing devices used were working properly and that such testing devices were properly operated. Nothing in this paragraph c shall preclude a defendant from offering evidence concerning the accuracy of testing devices. DWAI Statutes. Driving While Impaired - Definitions.
What Are My Rights When Charged With DUI/DWAI Colorado? - Goldman Law, LLC
The penalties for driving under the influence in Colorado will depend upon the exact circumstances of each particular case and the number of previous offenses if any a person has. DUI: Driving a vehicle when a person has consumed alcohol or one or more drugs that substantially affects that persons ability to drive a vehicle safely. DUI per se: Driving a vehicle when a person has consumed enough alcohol in order for their BAC blood alcohol content to exceed the maximum legal prescribed limit.
It also depends on what you plead to in court on the criminal charges.
Denver DUI / DWAI Attorneys
For example, there are several ways to lose your license even if you have won your DMV hearing. Keep in mind, this is even if you are driving a non-commercial vehicle at the time of the charge. A revocation or your CDL can have a major impact on your livelihood-please contact an experienced Colorado DUI attorney to discuss your options and your individual situation.
The biggest difference for minor drivers who have been charged with a DUI in Colorado is the effect on their ability to drive. If you are under 18, you face the same penalties, but you will not go to County jail if you are given a detention sentence.
Offenders under the age of 18 will serve their time in a Juvenile detention facility. In Colorado Springs, this facility is called Spring Creek. Minor licenses can be revoked for an Underage Drinking and Driving charge 3 months for a first conviction which results from a BAC of. They can also be revoked for a BAC of. If their BAC is over a. They may not get early reinstatement in this situation. Minor drivers are not eligible for early reinstatement with an interlock. The big difference is the BAC level.
It is a 4-point offense and carries a 3-month license revocation. A probationary license may be requested for the final 2 months in this situation. A second UDD conviction carries a 6-month revocation, and a third carries a 1 year revocation.
Overview of the penalties upon conviction of DUI in Colorado
Note: second and third UDD do not allow probationary licenses. As a father myself, I often times speak about the importance of not closing doors to young people. Colorado is also a pioneer state in many ways when it comes to new Marijuana and MMJ laws. Basically, law enforcement can present evidence of your blood results, roadsides sobriety testing, driving, and other factors to determine if you were drugged driving.
Law enforcement will collect a sample of your blood and send it out for chemical testing.
Modern tests are able to quantify the active and inactive marijuana in your system. If another illegal drug or even a prescription medication is suspected, chemical testing facilities can run presumptive tests to see what drugs are in your system and then a second confirmation test to determine the chemical compound and the amount.