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driving under the influence of drugs in Colorado

Driving Under the Influence of Drugs in CO – What You Need to Know

Driving may be a necessary activity for many, but it can also be a very dangerous one. As such, the state has put in place a number of laws that are designed to deter unsafe driving and reduce the risk of accidents. When a traffic law is violated, penalties can range from a warning or ticket with mild fine to jail time, depending on the offense.

One of the more serious offenses in Colorado is that of driving under the influence of drugs. If you have been charged with driving under the influence of drugs in our state, here’s an overview of what you need to know:

Defining Two Drug-Related Driving Crimes in Colorado

The first thing that you should know is how “drug” is defined in Colorado and how offenses related to the use of drugs while operating a motor vehicle are defined.

Per Colorado law, a drug is defined as any prescription or over-the-counter medications, controlled substances, and inhaled glues, toxins, and vapors. With that in mind, Colorado has two laws pertaining to the use of drugs and driving:

  1. Driving while under the influence of drugs (or alcohol) (DUI). As found in Colorado Revised Statutes and explained in a Law Summary published by the State of Colorado Office of Legal Services, driving under the influence of drugs refers to operating a motor vehicle after or while taking a drug that affects a person’s ability to operate a vehicle to the degree that they are “substantially” impaired and their physical abilities, mental abilities, or both are affected to the degree that they cannot exercise “clear judgment.”
  1. Driving while impaired by drugs (or alcohol) (DWAI). Driving while impaired, or driving while ability impaired, is similar to a DUI except that rather than having to prove that the person was “substantially incapable” of safe driving, a conviction can be obtained if the prosecution can prove that the person was affected to any degree, even the slightest, therefore affecting their ability to drive as safely as they would have been able had they not consumed/used/taken the drug.

What Are the Penalties for Refusing to Take a Blood Test?

Normally, when a person is pulled over for drinking and driving, they will be asked whether they would prefer a blood or breath test. If drug use is suspected, though, the officer may request a blood test.

Per the state’s implied consent laws (referred to as “express consent” in CO), at the time that a person receives their driver’s license, they are consenting to any blood or breath testing that is requested in relation to a law enforcement officer having probable cause to believe that the person is impaired. While you can refuse the test, there are penalties for doing so.

Refusing to take a blood test, if requested to do so, can result in an immediate license suspension of one year. The prosecution can also use this against you when pursuing a conviction.

Penalties for Driving Under the Influence of Drugs in Colorado

If you are convicted of driving while under the influence or while impaired by drugs, there may be administrative penalties and criminal penalties as a result. Consider the following consequences of a first- and second-DUI/DWAI charge:

  • First DWAI charge – Misdemeanor offense resulting in between two and 180 days in jail, a fine of between $200 and $500, and mandatory public service between 24 and 48 hours. There is no automatic license suspension for one’s first DWAI charge.
  • First DUI charge – A first DUI charge is also a misdemeanor offense, but the penalties are more serious and include up to one year in jail, a fine of up to $1,000, up to 96 hours of public service, and a potential nine-month license suspension.
  • Second DWAI or DUI charge – A second offense is more serious, resulting in a potential license suspension of up to one year, up to one year in jail, a fine of up to $1,500, and up to 120 hours of community service. 

The more DWAI/DUI offenses a person commits, the more serious the penalties are.

Our Colorado DUI/DWAI Attorneys Can Help

If you have been charged with driving while under the influence of drugs or while ability impaired due to drugs, you may have questions about your rights, what happens if the drugs involved were legal, your defense options, and more. At the law offices of Anderson & Carnahan Attorneys at Law, our experienced Colorado DUI/DWAI attorneys can help. Please call us today at (719) 454-8059 or send us a message for a consultation if you’re facing charges. We have a history of success and work hard for our clients.

drinking and driving with child in the car in Colorado Springs

Driving Under the Influence with a Child in the Car: What Are the Penalties?

Driving after consuming alcohol or using another impairing substance can be a serious offense. Indeed, even if your blood alcohol content (BAC) level is not at or above the legal limit of .08 percent, if you are impaired to the extent that your ability to safely operate a motor vehicle is affected, you can be charged with driving under the influence (DUI).

A DUI charge is, in itself, very serious. However, certain actions can make a DUI offense–and the related penalties–even more severe. One of those offenses is committing a DUI with a child in the car. If you have been charged with driving under the influence with a minor in the vehicle, here’s what you need to know about the charge and related penalties.

Defining the Crime of Driving Under the Influence with a Child in the Car

Not only is DUI a crime in Colorado, but doing so with a child in the car constitutes child abuse, per Colorado Revised Statute Section 18-6-401, which reads that a person commits abuse of a child when they:

  • Cause an injury to a child’s life or health; or
  • Permit a child to be unreasonably placed in a situation that poses a threat of injury to the child’s health.

This means that if you are stopped for DUI with a child in your vehicle, not only will you face DUI charges, but you could very well be charged with child abuse as well. As a note, a child is defined as a minor under the age of 16.

Potential Penalties for Driving Under the Influence with a Child in the Car

First, a review of the penalties for driving under the influence of alcohol or drugs, or a combination of both, in Colorado:

  • A first-offense conviction could result in jail time of between five days and one year, a fine of between $600 and $1,000, a license revocation period of up to nine months, and the installation of an interlock ignition device for up to eight months.
  • A second- or third-offense conviction for a DUI offense is even more serious. A second- or third- offense could result in jail time of up to one year, a fine of up to $1,500, an indefinite license revocation period, and the installation of an interlock ignition device of up to five years.

In addition to DUI penalties, you’ll also have to deal with penalties for child abuse should you be convicted of that charge.

If the child is not injured as a result of the DUI (i.e., the DUI offense does not result in a car accident and bodily injury to the child), then the offense is a misdemeanor, punishable by a fine of up to $1,000 and an incarceration period of up to one year.

If the child is injured a result of the DUI, the crime is considered a felony offense. If acting with criminal negligence, the crime is a Class 4 felony; when acting knowingly and recklessly, the offense is a Class 3 felony. This could mean up to 12 years in prison and a fine of up to $750,000.

The most serious offense is one in which driving under the influence results in the death of a child. Death caused by criminal negligence is a Class 3 felony; death caused as a result of reckless conduct is a Class 2 felony. A Class 2 felony is penalized by prison time of up to 24 years and a fine of up to $1 million.

Why You Need a Criminal Defense Lawyer

If you have been charged for DUI with a minor in the car, you could be looking at jail time, large fines, and a mark against you on your criminal record, which could limit your opportunities moving forward. What’s more, you could also face the loss of custody of or visitation time with your child. When so much is on the line, the wisest thing that you can do is to retain the counsel of a knowledgeable criminal defense lawyer with experience representing clients in cases like these.

At the offices of Anderson & Carnahan Attorneys at Law, we are passionate about providing skilled, aggressive defense for our clients. If you are facing DUI or child abuse charges, don’t hesitate to call our law office for an initial free consultation and information about your defense options. Reach us today at 719-473-9099, visit our Colorado Springs office in person, or send us a confidential message using the intake form on our website.