Understanding Jail Time Associated with Colorado DUI
You may have set out with the intention of only consuming one drink all evening but quickly got carried away in the relaxation and social atmosphere. Before you know it, you had a few too many and no designated driver. You might have believed you were still capable of safely driving home, but this scenario didn’t happen. Instead, the police noticed you weaving down the highway, pulled you over, and before you knew it, you were charged with DUI.
If you have been charged with DUI, you are likely concerned about associated penalties should you be convicted. Continue reading to learn more about possible jail time for those convicted of a Colorado DUI.
First Things First
It unlikely, although possible for you to spend time in jail immediately proceeding with your arrest for DUI. The good news is it is at the discretion of the officer whether you go to jail immediately or not. The officer may choose to cite you for DUI without arresting you. Factors specific to your case will be taken into consideration by the officer when making the determination. Furthermore, if you have been involved in an accident and need immediate medical attention, you will not be arrested. Ultimately, after reviewing the facts, the final decision is up to the officer.
However, don’t be fooled, whether you find yourself hauled off to jail immediately or not, you will be facing a plethora of harsh consequences under Colorado law.
After A Conviction
Colorado considers DUI to be an extremely serious offense. Thus, associated penalties reflect this. If you are convicted of DUI, it is very likely you will spend time in jail, especially if this is not your first offense. Other factors will be taken into consideration when sentencing you for the crime, such as aggravating factors that will result in harsher penalties. Aggravating factors are things like driving drunk with a child in the vehicle, causing serious bodily injury or death due to impaired driving, being a repeat offender, and/or having an extremely high BAC. Hence, the amount of time spent in jail will largely depend on the specific factors in your unique case.
If you are fortunate to have a relatively open and shut case, with no aggravating factors less jail time will be required. Generally speaking, if it is your first offense and your BAC was less than 0.20% you may serve the required minimum of 5 days; however, you could also serve the maximum first offense jail sentence of one year.
Don’t Go It Alone
If you fail to learn your lesson the first time, additional convictions will be much harsher. Thus, if you have been charged with DUI for a second or subsequent offense, you can’t afford to hope for the best. It is imperative for your future that you immediately contact an experienced, DUI defense attorney to review the details of your case and fight for you. Your good name and future are on the line if you are convicted. Especially if your case involves aggravating factors; it is critical that you secure legal counsel as quickly as possible. A competent attorney can painstakingly review every detail of your case, develop a helpful defense, and ensure your rights are respected!