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Misdemeanor and Felony Criminal Defense

709 West Littleton Blvd, Littleton, CO 80120

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1. Four kinds of Colorado DUIs That Require Professional Help.

If any of the below circumstance apply then hiring A Colorado DUI attorney to help with your case makes absolute sense:

2. Is DUI a Felony in Colorado?

A. Misdemeanor Drunk Driving Offenses

Drunk Driving crimes in Colorado range from the Driving While Ability Impaired (DWAI) and Driving Under the Influence (DUI, DUI per se and DUID) to the more serious and less common charges of felony DUI, Vehicular Assault and Vehicular Homicide. Most people convicted of DWAI, DUI, DUI Per Se and DUID are sentenced in the misdemeanor penalty range on a first, second or third conviction for drunk driving.

Misdemeanor Drunk Driving sentencing in Colorado is progressive. Progressive Sentencing means that defendants with prior Drunk Driving convictions, or high BACs are sentenced more harshly and are subject to mandatory sentencing.

B. Felony Drunk Driving Penalties

A person with three or more separate convictions for DWAI, DUI, DUI Per Se, DUID, Vehicular assault or Vehicular Homicide, will usually be charged with a class 4 Felony:

C. Felony DUI Probation?

The Felony DUI statute allows for sentences to something other than Prison - unless the Court finds that a Department of Corrections Sentence is the most suitable punishment under the circumstances of the case:

D. Community Corrections or Prison

If a person convicted of felony DUI is ineligible for probation or the court otherwise deems prison sentence appropriate, that person will be sentenced to either community corrections or the Department of Corrections (Prison):

F. Vehicular Assault and Homicide

Vehicular Assault and Vehicular Homicide are both Felony Crimes punishable by lengthy sentences to Department of Corrections:

G. DUI Child Abuse

Another common charge associated with Drunk Driving is Child abuse. "A person commits child abuse if such person causes an injury to a child's health, or permits a child to be unreasonably placed in a situation that poses a threat of injury to the child's life or health...."

3. Colo. DUI Probation Violations

Misdemeanor DUI sentences also carry either a permissible two (2) year period of probation for DWAI First or a mandatory two year probation period for second offenses onward. During the period of probation the defendant may be subject to "Monitored Sobriety". Monitored sobriety may consist of electronic alcohol monitoring or random urine samples (UAs) that are tested for drugs, alcohol or both. Current ankle monitors continuously sniff the probationer's sweat and will raise an alarm if alcohol is detected. If there isn't sufficient progress towards finishing probation in a reasonable time, or if violations occur such as, drinking, drug use or new criminal cases, the Probation Officer may file a complaint with the Court. If a probation violation is sustained, sanctions may be imposed. Such sanctions include incarceration, posting of money bonds, increased supervision etc. Failure to abide by the probation conditions imposed by the Court can result in up to an additional year in jail with no credit given for time served as a result of any initial sentence sentence. Some of the ways that person can violate probation include, but are not limited to:

4. DUI Driver's License Penalties

In addition to any sentence of probation or incarceration, Drunk Driving Defendants lose all driver's license "privileges" for period of at least Nine (9) months on a first DUI. On a second or more DUI the penalty is one (1) year. The minimum penalty for DUID is a one year license revocation. Subsequent convictions can result in longer license revocations depending on defendant's driving history. The period of license loss can be longer when combined with other statutory driver's license penalties, for example, three Drunk Driving Convictions in a lifetime will extend the minimum period of license revocation to two years. A person may also lose their driving privileges if DMV makes an administrative determination that they drove with an alcohol level in excess of 0.80 BAC or refused testing. During the period of Driver's License revocation, Colorado will place a hold on the person's Driver's License that other states can access by computer. Most states will deny any person whose name appears on the Drive's License Registry a driver's. A non-exhaustive list of factors that control the length of your driver's license restraint include, but are not limited to the following:

If your license is revoked you must complete Alcohol Education and Treatment in order to get your Driver's License back. A restricted license may be available to you if you are enrolled in Education and Treatment but have not yet completed it. The requirements for Education and Treatment are listed in the Probation Treatment Table.

A. DUI Driver's License Hearings

If a breath test reveals that you drove with a BAC over 0.08 or you refused a test an "Affidavit and Notice of Revocation" will be sent to DMV. The Police are required to provide you with a copy of this Notice. Unless you submit an hearing request within 7 days DMV Online Hearing Request Form your driver's license will be revoked. We recommend that you submit a request in order to contest the revocation.

Note: If you opted for a Blood Test you'll recieve a Notice in the mail since blood tests can't be done on the spot. Make sure DMV has your correct mailing address and watch the mail for a Notice that so you can request a hearing.

B. Colorado Restricted Licenses

Colorado DUI law allows for "Early Reinstatement". After installing an interlock on your vehicle a restricted license will allow you to drive.

  • Persons granted early reinstatement are required to maintain the interlock for the longer of one year or the remaining period of their revocation except that person convicted of a first DUI offense may be eligible to remove the device after going four consecutive months without the interlock detecting excessive alcohol. Caveat: Your total time on interlock may be longer based upon whether you are designated a "Persistent Drunk Driver."
  • The person under revocation may apply for early reinstatement at any time, however, juvenile drivers must wait at least one year before applying for early reinstatement.
  • A minimum two month waiting period is imposed upon persons who refused testing.
  • Non-Colorado residents are ineligible for restricted licenses issued by Colorado DMV since it may only issue licenses to "residents" of this state.

DMV is prohibited from issuing a driver's license to a person convicted of DUI either by a court or DMV administrative hearing until that person provides proof of enrollment and/or completion of a certified alcohol/drug education and treatment class via a form called a DRS.

  • Prior to issuance of a restricted license the licensee will be required to pay a fee, obtain SR22, insurance and install a vehicle interlock device on each vehicle registered to that person.
  • Only vehicles with an interlock installed may be driven while on a restricted license.
  • If a person's alcohol level falls above a certain level, the ignition system of the vehicle will be locked and the violation reported to DMV.
  • Failure to abide by the interlock restrictions or tampering with the interlock device can result in additional criminal charges e,g, Driving Under Restraint and Interlock Circumvention.
  • All interlock devices are monitored on a monthly or bi-monthly basis by the interlock provider and the results provided to DMV.
  • Excess lock-outs can result in lengthening of the time that the interlock must remain installed - Never use the interlock to determine whether you have had too much to drink!

Did you know that by law a Colorado DUI, DUID or DWAI cannot be dismissed if there is a chance that the DA can obtain a conviction?

We also handle all types of Misdemeanor and Felony Criminal Cases!

The Law Office of Clifton Hypsher
709 West Littleton Blvd.
Littleton, Colorado 80120
(303)806-5106
Cliff@Dui-Advisor.com