The following information is NOT legal advice nor does it establish an attorney-client relationship. Each individual’s circumstances are different and the information below is general in nature. Should you have specific questions about your particular circumstances, you should contact an attorney.

How soon do I need an attorney after getting charged with a DUI?

Even though you may not have court for some time, you only have a short period of time to request a hearing with the Department of Motor Vehicles.  The hearing is held to determine if your driver’s license will be revoked based on the allegations.

Can I still be charged with a DUI even if my BAC is below the legal limit? 

Yes, you can be charged with a DUI in Colorado, despite the fact that your blood or breath alcohol content (BAC) was below a .08. If your blood or breath alcohol content is between a .05 and a .08 within two hours after driving, you are presumed impaired, and you can still be prosecuted.

What is a “Baby DUI”?

If you are under the legal drinking age of 21 and have between a .02 and .05 concentration of breath or blood alcohol content within two hours of the time of driving, you can be prosecuted for the lesser offense of what is commonly referred to as a “Baby DUI,” subjecting you to probation, fines, alcohol education and therapy.

Can a minor be charged as an adult for DUI?

Driving Under the Influence (DUI) is an unclassified traffic misdemeanor. Therefore, a minor will be prosecuted in adult court for a DUI. While a minor will not be incarcerated with the adult population if at all possible, they are subject to the same penalties as an adult who has committed the same act.

Will I go to jail for my DUI?

The penalties for a DUI have historically been increasing, and many judges have taken a harsher stance on DUIs given the legislature’s change in sentencing in 2010, allowing judges to impose more jail time and more probation than before. For a first time offense, you are facing fines of up to $1,000, up to 96 hours of public service, probation, alcohol education and treatment, driver’s license suspension and up to a year in jail. If you have prior convictions for a DUI, you are facing mandatory jail time.