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 · Government Investigator, Denver Human Services · Licensed Colorado Attorney ~ 20+ Years in Private Practice · 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 minimum typically suspended with completion of education), $600–$1,000 fine, 48–96 hours of useful public service, up to two years' probation, Level II education/therapy, 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; now he makes them for 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, and we've had it.
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 are won on prior-conviction validity, treatment-driven sentencing alternatives, and trial readiness. This is where hiring a prosecutor-turned-defense attorney (Deputy DA) stops being a luxury.
Ready when you are — talk it through with Attorney Liken.
Your choice: no-charge 20-minute phone call OR in-depth hour ($300) — both 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 (minimum typically suspended with education), $600–$1,000 fine, 48–96 hours community service, probation up to two years, and Level II education — 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: most first-time cases with cooperative facts resolve to DUI or DWAI probationary sentences — education, therapy, public service, fines, and no additional jail. The variance comes from the evidence, the aggravators, the county, and the quality of the work done in the first month.
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 a career writing and reading those reports for the government; he knows exactly how much daylight hides between a report and the truth.
Twelve points revokes an adult license by itself; 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.