• 01
  • September
    2010

Colorado's DUI/DWAI laws can be very difficult to decipher. They are often written in such a way that it can be hard for a person unfamiliar with the law to determine their rights, options or even the possible penalties that they may be facing.

Today's posts is the second in a series designed to provide some basic background information on these complex DUI/DWAI laws and summarize some of the potential penalties to which an offender may be subject.

(Please see "A Closer Look at Colorado's Drunk Driving Laws - I" for more information)

This post is provided for informational purposes only and is not to be construed as legal advice. To learn more about DUI/DWAI or to address your pressing issues, contact an experienced Colorado legal professional.

If I am charged with DUI/DWAI, what type of punishment will I be facing?

If you have been arrested and subsequently charged with DUI/DWAI, you will face both criminal penalties and administrative penalties.

Criminal penalties are handed down by the court system while administrative penalties are handed down by the Colorado Department of Revenue.

What are administrative penalties?

Administrative penalties in the context of DWI/DWAI include license suspension, license revocation and the accumulation of points against your driving record.

Can I do anything to reduce these administrative penalties?

Probably not. While a defendant may have the option of reducing potential criminal penalties via a plea bargain or through completion of chemical dependency treatment, this is typically not the case with administrative penalties. The Colorado Department of Revenue generally lacks the authority to reduce administrative penalties.

What are the administrative penalties for DUI/DWAI in the state of Colorado?

• First DWAI - no license suspension; 8 points on driving record
• First DUI - license suspension for 9 months; 12 points on driving record
• Second DUI/DWAI - license suspension for 12 months; 8 points on driving record for DWAI; 12 points on driving record for DUI 
• Third DUI/DWAI - license suspension for 24 months; 8 points on driving record for DWAI; 12 points on driving record for DUI

As previously stated, this post is provided for informational purposes only and is not to be construed as legal advice. Contact an attorney to learn more.

Stay tuned for more information in the next post from our Denver DUI/DWAI blog ...

Related Resources:

• Colorado Drunk Driving Laws (Colorado Office of Legislative Legal Services)