An aggravated DUI charge in Colorado is a severe offense that may result in lifelong consequences, making appropriate legal representation critical.
Drivers should understand that a DUI becomes aggravated if the driver meets certain criteria, including a blood alcohol concentration (BAC) of 0.15% or higher and prior DUI convictions. The state also considers the offense aggravated if a minor is in the vehicle or the driver causes a serious accident.
Aggravated DUI penalties are more severe than those for a typical DUI. Drivers may face higher fines, extended jail sentences, lengthy license suspension or revocation periods, and mandatory alcohol education programs.
Serious accident: Causing injury, death, or destruction of property
Those under the influence who cause a serious accident may face felony DUI charges. While many mistakenly believe felony DUIs only apply to repeat offenders, your first offense will result in a felony charge if you cause an accident that leads to any of the following:
- Serious or permanent disfiguration
- Broken bones and fractures
- Second- or third-degree burns
- A loss of bodily or organ function
- The death of another person
A felony DUI carries significant consequences in Colorado. Violators may face fines of up to $50,0000 and serve between two and six years in state prison with a three-year mandatory parole period. Other consequences include 48-120 hours of community service and level II alcohol and drug classes.
If your driving kills someone, it is considered a class three felony, and you may face a fine of up to $750,000 and between four and 12 years in prison, where the mandatory parole period extends to five years.
While on parole, you must use an ignition interlock device, which requires your BAC to be below a certain level before the car will start. It may also require periodic “rolling tests” to check for sobriety as you drive.
Reckless driving
In some specific cases, it is possible to reduce a DUI charge to a reckless driving charge through a plea bargain. The penalties for reckless driving are lower than the maximum DUI sentences.
Those convicted of reckless driving may face up to 90 days in state jail and a maximum fine of $300. However, this plea bargain is usually unavailable to aggravated DUI cases except in extenuating circumstances — for instance, if your attorney can prove weak evidence or a lack of probable cause for the police to pull you over initially are factors in our case.
These reduced charges are not on the table for those facing an aggravated DUI charge if injury or death is involved.
Consult Churchill DUI Defense about an aggravated DUI charge
Facing DUI penalties is a serious and sometimes life-altering matter, and you should seek legal counsel to defend your case. Churchill DUI Defense aims to avoid unnecessary convictions and form strong defenses for those accused of DUI or DWAI. As your attorney, Kevin Churchill brings over 25 years of experience and is ready to represent your aggravated DUI case.
Call (303) 832-9000 today to schedule a consultation about your charges.