What Is An Aggravated DUI In Colorado?

An “aggravated DUI” in Colorado refers to a Driving Under the Influence (DUI) offense that is elevated in severity due to the presence of certain aggravating factors. These factors can include a high blood alcohol content (BAC), the presence of minors in the vehicle, causing an accident that results in injury or death, or having prior DUI convictions.

The state of Colorado takes DUI offenses seriously, and the penalties for aggravated DUI are more severe compared to standard DUI charges.

Key Factors In An Aggravated DUI

1. High Blood Alcohol Content (BAC):
   • In Colorado, the legal BAC limit is 0.08%. If a driver’s BAC is significantly higher, typically 0.15% or above, it is considered an aggravating factor. A high BAC can indicate that the driver was grossly impaired, increasing the risk of causing harm.
2. Prior DUI Convictions:
   • Having previous DUI convictions on one’s record can elevate a DUI charge to an aggravated level. Colorado has a “persistent drunk driver” designation, which can apply to individuals with multiple DUI offenses or a very high BAC. Repeat offenders face harsher penalties, including longer license suspensions, mandatory alcohol education and treatment programs, and potentially longer jail sentences.
3. Driving with a Suspended or Revoked License:
   • If the driver was operating the vehicle with a suspended or revoked license due to a previous DUI conviction, this can aggravate the current DUI charge.
4. Involvement in an Accident Causing Injury or Death:
   • If the DUI results in an accident that causes bodily injury or death, the charges can be elevated to vehicular assault or vehicular homicide. These are serious felony offenses that carry significant prison sentences.
5. Presence of a Minor in the Vehicle:
   • Driving under the influence with a minor in the vehicle is considered an aggravating factor, as it endangers the life and safety of the child. This can lead to additional charges of child abuse or endangerment.

Legal Consequences and Penalties

The penalties for an aggravated DUI in Colorado are more severe than those for a standard DUI. They can include:

• Increased Jail Time: Depending on the severity of the aggravating factors, jail time can range from mandatory minimums to several years in prison, particularly if the offense involved injury or death.
• Higher Fines: Fines for aggravated DUI offenses can be substantial, often ranging into the thousands of dollars.
• Extended License Suspension: Aggravated DUI offenses can result in longer license suspensions or revocations. In some cases, offenders may be required to install an ignition interlock device on their vehicle for an extended period after reinstatement.
• Mandatory Alcohol and Drug Education or Treatment: Offenders may be required to complete alcohol or drug education programs, and in some cases, undergo treatment as part of their sentence.
• Probation: Courts may impose lengthy probation periods with strict conditions, including regular check-ins with a probation officer, abstinence from alcohol and drugs, and compliance with all laws.
• Community Service: Courts often require offenders to complete community service hours as part of their sentencing.

Legal Process and Defense

In Colorado, individuals charged with aggravated DUI have the right to legal representation. It is crucial for defendants to consult with an experienced DUI attorney who can assess the case’s specifics, including the validity of the BAC test and the circumstances of the arrest. A skilled attorney can negotiate plea deals, seek reduced charges, or even challenge the evidence in court.

Defenses against aggravated DUI charges may include:

• Challenging the BAC Test: Questioning the accuracy and administration of BAC tests, including potential calibration issues or procedural errors.
• Investigating Police Conduct: Examining whether law enforcement followed proper procedures during the arrest, including the legality of the traffic stop.
• Medical Conditions: In some cases, medical conditions can affect BAC readings or the driver’s behavior, providing a potential defense.

Aggravated DUI In Colorado

An aggravated DUI in Colorado is a serious criminal offense with significant legal consequences. It is characterized by the presence of factors that elevate the severity of a standard DUI, such as high BAC, prior convictions, and causing injury or death. Understanding the specific laws and potential penalties associated with aggravated DUI is essential for anyone facing these charges.

An experienced DUI Lawyer is crucial in navigating the complexities of DUI cases and achieving the best possible outcome in court.