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DUI/DWAI/UDD Attorney Fort Collins

Colorado DUI Penalties Lawyers

Even a First DUI/DWAI/UDD Conviction Can Have Major Consequences

For many people arrested for DUI, DWAI or UDD, it is the first time they have been involved with the criminal justice system. It can be an embarrassing, humiliating, and overwhelming experience. Most people do not understand the DUI laws and the Colorado Department of Motor Vehicle consequences regarding their driver's license.

We are Joneson & Michael, LLC, criminal defense lawyers in Fort Collins. We have over 23 years of combined experience as prosecutors and as defense attorneys in cases involving driving under the influence (DUI), driving while ability impaired (DWAI), and underage drinking and driving (UDD). If you have been charged with an alcohol-related driving offense in Colorado, two separate proceedings were initiated: a judicial/criminal case and an administrative case that involves your driver's license.

If this is your first alcohol-related driving offense, it is possible that you may only have to appear in court one time. However, if this is your second or subsequent offense, or if your BAC was .20 or higher, you will have to appear in court more than once.

Types of DUI/DWAI and Drug Related Driving Charges in Colorado

There are several types of alcohol/drug related driving charges in Colorado.  If your BAC was over a .08, it is likely you were charged with DUI, DUI Per Se, and a traffic offense. 

  • DUI Per Se is driving under the influence of alcohol or drugs when your blood alcohol content is above the legal limit of .08.  If you are convicted of DUI Per Se, 12 points will be assessed to your driver's license.
  • DUI is driving under the influence of alcohol or drugs at a time when your blood alcohol content made you "substantially incapable" of operating a motor vehicle.  If you are convicted of DUI, 12 points will be assessed to your driver's license.
  • DWAI is driving while ability impaired by drugs or alcohol when your blood alcohol content caused you to be "less able" than you normally would have been to operate a motor vehicle. Typically it includes a BAC of .05 to .079.  If you are convicted of DWAI, 8 points will be assessed to your driver's license.
  • UDD occurs when you are under 21 years of age and your BAC is between .02 and .049
  • DUID is driving under the influence of legal or illegal drugs (even prescription medication).

Penalties in DUI/DWAI/UDD Cases

The penalties for a DUI, DWAI or UDD include probation, community service, a fine, a victim impact panel, and possibly jail.  In some cases a deferred sentence may be appropriate. The fines and community service vary. If you are under 21 years of age, there are some additional penalties the court may order you to complete and there are severe driver's license consequences.

Defenses in DUI/DWAI/UDD Cases

If you tested over the legal limit of .08, don't assume all is lost. There are ways to approach a DUI/DWAI/UDD case. As your attorneys, we will assess your case and determine if it is a "defensible case." Sometimes it is possible to challenge the reason you were stopped by the police, the results of the field sobriety tests and the results of your breath or blood test. We will go through the police reports with you at our office, determine the possible penalties you face, and  discuss your options for the most favorable outcome.

Learn more about DUI/DWAI laws, why you should hire a good DUI lawyer and what to do After Your DUI Arrest.

Free Attorney Consultation

Don't face DUI/DWAI/UDD charges alone. For experienced DUI defense attorneys, contact us to schedule a free initial consultation. Call 970-482-6000 or fill out the contact form on this website.

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Joneson & Michael, LLC

Joneson & Michael, LLC
425 West Mulberry Street, Suite 212
Fort Collins, CO 80521

Telephone: 970-482-6000
Fax: 970-482-6011
Fort Collins Law Office