DUI or DWAI First Offense

DUI Denver

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The first offense for drunk driving is scary and uncertain. You probably don’t know the laws or your rights. However, for a first offense you have the best shot at a solid defense. In fact, after the first offense, the penalties become life changing. That is why it is imperative to work with a strong DUI legal team for your first DUI or DWAI charge.

At DUI Law Firm Denver, we have the knowledge and experience to offer you the best defense possible. We also provide support for DUI cases involving clients under 21 and CLD drivers, both of which face stricter consequences for drunk driving.

First Offense DUI or DWAI

A first offense for drinking while driving is a misdemeanor. For misdemeanors, any sentence of incarceration occurs in the county jail versus prison. Also, the other penalties vary depending on your Blood Alcohol Level (BAC).

DWAI – BAC of 0.05 to 0.07

  • 8 points against driver’s license
  • Jail sentence of 2 to 180 days
  • Fine from $100 to $500
  • 24 to 48 hours of community service

DUI – BAC of 0.08 or greater

  • 12 points against driver’s license
  • Jail sentence of 5 days to 1 year
  • Fine from $300 to $1,000
  • 48 to 96 hours of community service
  • Driving revocation up to 1 year
  • Required alcohol education

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DUI Penalties for BAC Above 0.20

For a DUI charge where the BAC is above 0.20 the legal penalties are the same. However, when the BAC is over 0.20, the judge does not have the option to suspend the sentence. Thankfully, the judge does have the discretion to substitute jail time for a sentencing alternative. Alternatives may include: in-home detention, day reporting or electronic monitoring.

Especially for a DUI charge with a BAC over 0.20, you need to call DUI Law Firm Denver right away. With a strong legal team on your side, you have a better shot for alternative sentencing. Don’t try to navigate the complex legal system on your own. We’re here to help you!

Do You Have to Take a Roadside Sobriety Test?

Did you know that you don’t have to consent to a roadside sobriety test? That’s right! You have no legal obligation to participate. The only exception to this is if your first offense results in vehicular assault or vehicular homicide. In that case, the rules change, including the fact that the offense moves from a misdemeanor charge to a felony.

This means that until law enforcement arrests you, you do not need to take a field sobriety test. Once arrested, if you don’t consent to the chemical test, you will receive a charge for refusing the chemical test, which results in one year of driving revocation and other penalties. 

In fact, you should not share any information with law enforcement about what you have consumed. This includes: alcohol, drugs, over the counter medicines, food or anything else. You do not want to help the prosecution. No matter how caring or helpful they may seem, they are not on your side. That is why you need to work with a specialized DUI attorney.

Penalty Minimum Maximum
Jail 10 days county jail 1 year county jail
Fine $200 $500
Useful Public Service 24 hours 48 hours
Probation 0 years 2 years
Points Assesses Against Driver’s License 8 points 8 points

The only difference in penalties for someone convicted of a first-offense DWAI with a BAC at or above 0.20, as opposed to below 0.20, is that the judge cannot suspend the jail sentence. The judge can, however, substitute the jail time sentencing alternatives, including in-home detention, day reporting, and electronic home monitoring.

DUI Law Firm Denver Works for You

At DUI Law Firm Denver, we’ve handled hundreds of DUI cases, including many first offenses. We know that your first offense is the best time to build a strong defense. Don’t let a DUI ruin your life. Let us help you to achieve the best possible outcome. 

We work as a team from the start to defend your case. We use both science and the law to break down the case against you by identifying errors or failures to follow procedures.

While we work hard to settle cases out of court, if your case does go to court, we send two attorneys to represent your case. We ensure the filing of necessary paperwork and work on your behalf to avoid administrative penalties, like loss of driving privileges and high fines.

Our team approach makes a stronger defense to protect you throughout the process of fighting your first DUI charge.

Contact DUI Law Firm Denver to Fight Your First DUI Offense

Let us help you build a solid defense. There’s no risk in calling us. We offer a free initial consultation. Contact DUI Law Firm Denver today!



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