Driving under the influence (DUI) in Colorado carries serious consequences, but certain factors can elevate a standard DUI charge to an aggravated DUI. “Aggravated DUI” is not a separate offense under Colorado law but refers to DUI cases with aggravating factors that increase the severity of penalties.
Denver Lawyer for Aggravated DUI
If you or someone you know has been charged with an Aggravated DUI, you need to contact an experienced DUI lawyer immediately. Aggravated DUI charges carry felony-level penalties and can result in years in prison if not addressed appropriately.
Contact the Law Office of Matthew A. Martin, P.C. today at (303) 725-0017 for a confidential consultation and take the first steps toward protecting your rights. Matthew Martin represents clients throughout the state of Colorado, including the city of Denver in Denver County, and the surrounding areas in the Front Range region including: Brighton in Adams County, Centennial and Littleton in Arapahoe County, Castle Rock in Douglas County, Golden in Jefferson County, and Boulder and Longmont in Boulder County.
Overview of Aggravated DUI
- Aggravated DUI
- DUI under Colorado Law
- Penalties for Aggravated DUI
- Common Defenses
- Frequently Asked Questions
- Hire an Attorney for Aggravated DUI
Aggravated DUI under Colorado Law
Aggravating factors may include:
- Excessive Blood Alcohol Content (BAC): A BAC of 0.15% or higher
- Prior DUI Convictions: Repeat offenses within a certain timeframe
- Driving with a Suspended or Revoked License
- DUI with Minors in the Vehicle
- Causing Injury or Death
If any of these factors apply to a DUI arrest, the penalties can be significantly enhanced.
Colorado DUI Laws
Under Colorado Revised Statutes § 42-4-1301, a person commits DUI when they operate a motor vehicle while under the influence of alcohol, drugs, or a combination of both, to the extent that they are substantially incapable of safely driving.
A DUI per se charge applies if the driver’s BAC is 0.08% or higher, even if their ability to drive does not appear impaired. However, when aggravating factors are present the penalties for a DUI charge increase substantially.
For instance, Colorado’s Persistent Drunk Driver (PDD) designation applies to individuals with a BAC of 0.15% or higher, those with multiple DUI offenses, or those who refuse chemical testing. This classification leads to mandatory ignition interlock requirements and extended alcohol education courses.
Penalties for Aggravated DUI in Colorado
The penalties for an aggravated DUI depend on whether the offense is a first-time charge or a repeat offense.
First-Offense Aggravated DUI
- Jail Time: Up to 1 year in county jail (minimum 10 days if BAC is 0.15% or higher)
- Fines: $600 to $1,500
- License Suspension: 9 months (potential for early reinstatement with an interlock device)
- Probation: Up to 2 years
- Community Service: 48 to 96 hours
- Ignition Interlock Device (IID): Required for at least 2 years
Second-Offense Aggravated DUI
- Jail Time: 10 days to 1 year mandatory minimum
- Fines: $600 to $1,500
- License Revocation: One-year revocation
- Probation: Up to 4 years
- Ignition Interlock Requirement: Mandatory for at least 2 years
- Alcohol Treatment Programs: Required
Third-Offense Aggravated DUI
- Jail Time: Mandatory 60 days to 1 year
- Fines: Up to $1,500
- License Revocation: Two-year revocation
- Probation: Up to 4 years
- Alcohol Education and Treatment: Required
Felony Aggravated DUI (Fourth Offense or DUI Causing Injury/Death)
A fourth DUI offense is a Class 4 felony, as is any DUI resulting in serious bodily injury or death.
- Prison Sentence: 2 to 6 years in state prison (with parole)
- Fines: Up to $500,000
- License Revocation: Permanent revocation possible
- Community Service: At least 48 hours
Common Defenses Against Aggravated DUI Charges
Challenging the Traffic Stop
Law enforcement must have reasonable suspicion to pull over a driver. If the stop was unlawful, any evidence gathered may be inadmissible in court.
Breathalyzer or Blood Test Errors
Improper calibration, contaminated samples, or inaccurate BAC readings due to medical conditions can weaken the prosecution’s case.
Field Sobriety Test Inaccuracy
These tests are subjective and can be influenced by fatigue, medical issues, or improper administration by the officer.
Lack of Proof of Impairment
A high BAC alone does not always prove that a driver was substantially incapable of operating a vehicle safely.
Violation of Miranda Rights
If law enforcement failed to inform the driver of their rights during arrest, any self-incriminating statements may be suppressed.
Frequently Asked Questions About Aggravated DUI in Colorado
What BAC Level Qualifies as Aggravated DUI?
A BAC of 0.15% or higher is considered an aggravating factor in a DUI case.
Can I Get My License Back After an Aggravated DUI?
Yes, but you may be required to install an ignition interlock device and complete an alcohol education program before reinstatement.
Will I Go to Jail for Aggravated DUI?
Jail time is likely, especially for repeat offenders. A first-time aggravated DUI can result in up to one year in jail, while repeat offenses carry mandatory minimum sentences.
How Can I Fight an Aggravated DUI Charge?
Legal defenses may involve challenging the BAC test, questioning the legality of the traffic stop, or proving that impairment was not present. Consulting an experienced DUI defense attorney is essential.
Hire an Attorney for Aggravated DUI in Denver, CO
Aggravated DUI charges in Colorado carry severe penalties, including longer jail time, higher fines, and extended license suspensions. The consequences are even more serious for repeat offenders or those involved in accidents causing injury or death.
Contact the Law Office of Matthew A. Martin, P.C. today at (303) 725-0017 for a confidential consultation and take the first steps toward protecting your rights.