By Attorney Charles E. Liken Jr., former Colorado Deputy District Attorney. What you're actually charged with, what the statute really authorizes, and what typically happens — the honest version of the penalty conversation.
Charles E. Liken Jr., Esq. — On the Legal Front Lines · Former Government Investigator, Denver Human Services · Licensed Colorado Attorney · 20+ Years in Private Practice · Former Colorado Deputy District Attorney · Colorado Court-Appointed Child and Family Investigator
Colorado has two impaired-driving crimes. DUI — substantially incapable of safe driving (§ 42-4-1301(1)(a), (1)(f), C.R.S.) — and DWAI — impaired “to the slightest degree” (§ 42-4-1301(1)(b), (1)(g), C.R.S.). The BAC numbers create inferences, not automatic guilt.
0.08+ supports a DUI per se charge (§ 42-4-1301(2)(a), C.R.S.) and a permissible inference of DUI (§ 42-4-1301(6)(a)(III), C.R.S.); 0.051–0.079 supports an inference of DWAI (§ 42-4-1301(6)(a)(II), C.R.S.); at 0.05 or below you're presumed not impaired (§ 42-4-1301(6)(a)(I), C.R.S.).
Where LLF comes in: Inferences can be rebutted — rising-BAC timelines, testing margins of error, and drinking patterns are exactly the fights we know how to have.
Under § 42-4-1307(3), C.R.S.: 5 days–1 year jail (the court may suspend the five-day minimum if you complete the alcohol and drug evaluation and the Level I or II program it calls for), $600–$1,000 fine, 48–96 hours of useful public service, up to two years' probation, Level I or II education/therapy as the alcohol and drug evaluation directs, and 12 license points.
Where LLF comes in: The statute is the ceiling, not the sentence. We litigate what should be litigated and mitigate the rest — evaluations, treatment, work-release and in-home options where jail exposure is real.
Under § 42-4-1307(4), C.R.S.: 2–180 days jail, $200–$500 fine, 24–48 hours public service, and 8 points instead of 12 — often the difference that saves a license and an insurance rate.
Where LLF comes in: Knowing when a DA will move DUI→DWAI — and what makes them say yes — is prosecution-side pattern recognition. Attorney Liken made those calls as a prosecutor; now he uses that experience to defend you.
BAC of 0.15+ brings the persistent-drunk-driver designation even on a first offense (§ 42-1-102(68.5), C.R.S.) — longer interlock and treatment. Accidents, kids in the car, and high speeds all move charging and sentencing postures.
Where LLF comes in: We front the aggravators honestly and attack their proof — a 0.149 vs 0.151 is a fight worth having.
A second offense carries a 10-consecutive-day mandatory minimum; a third, 60 days (§ 42-4-1307(5), (6), C.R.S.). A fourth lifetime offense is a class 4 felony (§ 42-4-1301(1)(a), C.R.S.) with prison exposure under § 18-1.3-401, C.R.S.
Where LLF comes in: Repeat cases often turn on prior-conviction validity, treatment-driven sentencing alternatives, and trial readiness. Attorney Liken is a former Deputy District Attorney who now practices defense.
Ready when you are — talk it through with Attorney Liken.
Start here: a no-charge 20-minute phone call directly with Attorney Liken.
DUI means substantially incapable of safe driving (§ 42-4-1301(1)(f), C.R.S.); DWAI means impaired to the slightest degree (§ 42-4-1301(1)(g), C.R.S.). DWAI carries lower penalties and 8 points instead of 12.
Under § 42-4-1307(3), C.R.S.: 5 days to 1 year jail (the court may suspend the five-day minimum if you complete an alcohol and drug evaluation and the Level I or II program it calls for), $600–$1,000 fine, 48–96 hours community service, probation up to two years, and Level I or II education or therapy as the alcohol and drug evaluation directs — plus the separate DMV revocation.
Yes. A DUI after three or more lifetime prior convictions is a class 4 felony under § 42-4-1301(1)(a), C.R.S., with a presumptive prison range set by § 18-1.3-401, C.R.S.
Significantly: 0.15+ triggers the persistent-drunk-driver designation (§ 42-1-102(68.5), C.R.S.) with extended interlock and mandatory treatment even for first offenders.
The honest picture: a first-offense sentence can include probation, education, therapy, public service, and fines, and outcomes vary with the evidence, the aggravators, the county, and the steps taken in the first month. No outcome is guaranteed.
The expensive mistakes are predictable: missing the DMV window, pleading at the first court date “to get it over with,” and treating the police report as gospel. The report is one side's story — Attorney Liken spent years writing and reading those reports for the government and knows how much daylight can hide between a report and the truth.
Twelve points within 12 consecutive months (or 18 within 24) can lead to a license suspension for a driver 21 or older (C.R.S. § 42-2-127(1)(a)); younger drivers have lower limits. SR-22 filings and insurance surcharges often out-cost the fines. We factor the whole ledger — not just the courtroom line items — into every recommendation.
Before you talk to anyone — DA, DMV, insurance — get twenty minutes with the prosecutor turned defender. Don't let the DMV hearing-request deadline, generally seven days from your notice of revocation, pass.
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