Is a DUI a Traffic Violation or a Crime in Colorado?
Colorado drivers may wonder whether a DUI is a simple traffic offense or a crime. The severity of a DUI charge depends on the circumstances of the incident. It is vital for those facing a DUI charge to work with an experienced defense attorney to understand their legal options and mount a reliable defense.
Is a DUI a Traffic Violation or a Crime in Colorado?
Colorado takes instances of DUI and DWAI (driving while ability impaired) very seriously. For adults, a DUI is a criminal offense and carries much more severe consequences than a simple moving violation. While a traffic citation for things like speeding or running a stop sign may yield fines and insurance consequences, a DUI carries potential jail time even for first offenders.
In some states, a DWAI where the driver’s blood alcohol concentration (BAC) is below 0.08% may count as a driving infraction, but Colorado is not one of these.
What Are the Consequences of a DUI in Colorado?
A DUI conviction can lead to either misdemeanor or felony charges that follow the driver for life. The severity of the consequences depends on factors such as the driver’s BAC, whether they caused an accident, and the driver’s age.
DWAI convictions apply to drivers whose BAC is above 0.05% but below 0.08%. Under C.R.S. 42-4-1307(4), a first DWAI can result in fines of $200 to $500, two to 180 days in county jail, and 24 to 48 hours of useful public service. The offending driver may also face probation and mandatory alcohol education programs.
A first-time DUI conviction may result in a sentence of five days to one year in county jail, fines ranging from $600 to $1,000, 48 to 96 hours of useful public service, and court costs (C.R.S. 42-4-1307(3)). A driver with a BAC of 0.20 or more faces at least 10 days in jail even on a first offense. Offenders may also face nine-month license revocations and the installation of expensive ignition interlock devices. Repeat offenders face more severe consequences.
If the intoxicated driver causes an accident that harms someone or if it is their fourth DUI offense, the situation may escalate to felony charges. These incidents can lead to more than 10 years in prison and $500,000 in fines.
To make matters worse, Colorado’s record-sealing law generally excludes adult DUI and DWAI convictions (C.R.S. 24-72-706(2)), so there is usually no way to expunge or seal a DUI conviction. The same applies if the defendant pleads guilty. If the judge acquits the driver or dismisses the case, the arrest and court records can be sealed.
What About Minors Facing DUI Charges?
Because of Colorado’s zero-tolerance policy for underage drinking, those under 21 face DUI charges if they have a BAC above 0.02%. Any driver under 21 with a BAC above 0.05% will be treated as an adult and face criminal charges.
Colorado usually treats first-time DUIs as a class A traffic infraction for minors. As an administrative penalty, minors must typically pay fines, attend alcohol treatment, and complete public service. The state may also suspend their license for three months.
A second offense escalates the charges from a motor vehicle violation to a criminal misdemeanor.
Given the severity of these charges and their impacts on a minor’s record, it is essential to work with a qualified attorney when facing DUI charges.
Contact Grant & Associates Law Firm
Those searching online for "Is a DUI a traffic violation or a crime in Colorado?" should seek legal advice.
Grant & Associates Law Firm offers reliable legal counsel to Colorado drivers facing DUI charges. Our experienced team can assist the accused by compiling an evidence-rich defense and advocating for them in plea negotiations and court hearings when necessary.
Let our knowledgeable attorneys attend to your DUI case to try to reduce the consequences you will face if a judge or jury convicts you.
Call 970-356-5666 or contact us online to schedule a consultation.
