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Does Colorado include jail for a first DUI offense?
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Under DUI laws in Colorado, a first-time DUI offender may possibly face jail time. It will depend on the circumstances of the crime and the situation; for example, a DUI incident that resulted in accident or injuries will probably be judged more harshly. An offender with other driving-related charges on his or her record, such as reckless driving or multiple speeding tickets, may also get a harsher DUI sentence that might or might not include jail time.
In Colorado, alcohol driving laws are divided into two different levels, based on the level of blood alcohol in the body. A DUI (Driving Under the Influence) is incurred with a blood alcohol content of .08% or above, while a Driving While Ability is Impaired (DWAI) is the charge for a blood alcohol content of .05% to .07%. Both have very similar penalties, although not exact.
A first DUI offense may result in anywhere from five days to one year in jail, along with a fine, license suspension, points on the license, or public service hours. A first DWAI offense has similar penalties, but jail time is typically less, ranging from 48 hours to 180 days. In both situations, the offender may potentially suspend the jail sentence by agreeing to complete a drug/ alcohol treatment program.
Because of the potentially serious nature of the penalties- including possible jail time- it is always in your best interests to consult with a lawyer if you have been accused of a DUI in Colorado. Your lawyer can explain to you if you may be able to plea bargain or mount a defense.
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