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(720) 740-3466 (720) 740-3466 A conviction for driving under the influence (DUI) under state law can carry serious and even life-altering consequences. However, the extent of these penalties varies based on factors such as your past criminal history and whether your DUI offense caused injuries to others.
It is important to remember that while these penalties can be significant, they are also never certain. You have the right to fight these charges with the help of a dedicated DUI attorney from Petrash Law. Reach out right away to learn about Denver DUI penalties—and how to avoid them.
In Denver, you cannot ignore the penalties for a first-time DUI conviction, but they are typically less severe than what you would face with prior convictions. A first offense is a misdemeanor by default, meaning that a judge may sentence someone to between five days and one year in jail, up to $1,000 in fines, and no more than 96 hours of public service.
Thankfully, judges have leeway when it comes to handing down these penalties. First-time offenders frequently have their jail sentence suspended if they complete alcohol and drug evaluations, and typically, there must be other factors involved to incur jail time.
However, there are circumstances where a first-time offense could carry steeper penalties. If a DUI conviction includes a blood alcohol concentration of .2 or higher, the minimum sentence increases to 10 days in jail. Furthermore, the judge does not have the power to suspend it, although they can choose to order home detention instead of incarceration.
Penalties increase following a Denver DUI conviction if someone has been found guilty of this offense in the past. For a second offense, the charge will still be a misdemeanor according to state law, which carries a jail term of 10 days to one year.
Whether someone has to serve those 10 days consecutively or if they can be split up depends on how long ago the past conviction was. If it happened within the last five years, that time can be split up. Older convictions require people to serve the 10 days consecutively, although the court can order home confinement instead. There is also a maximum fine of $1,000 and the potential for 120 hours of mandatory public service.
A third DUI conviction in Denver carries higher minimum penalties. In general, the penalties for a third offense are the same as with a second. However, the significant difference is the minimum jail term. A third DUI conviction requires a minimum of 60 days in jail, with the maximum still being a year.
As a baseline, DUI crimes are misdemeanors in Denver, but you could receive a felony charge with severe punishments for a fourth or subsequent offense or in cases where you cause serious or fatal injuries. A felony DUI can lead to as much as 12 years in prison and a fine of up to $750,000.
In addition to driving under the influence, the law also recognizes a secondary offense in Denver known as driving while ability impaired (DWAI), which results in somewhat different consequences. This offense applies to situations where your blood alcohol concentration registers above .05 percent but below the legal limit of .08 percent. The charge is a misdemeanor on a first offense, and it carries up to 180 days in jail and a fine of $500. Those penalties only increase if you have a prior conviction.
If you have been arrested for drunk driving, it is important to understand Denver DUI penalties and how you can fight back against them. Reach out to Pestrash Law right away to discuss your options and gain skilled defense support for your case.