DUI - Sentencing Grid
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GUSTAFSON LAW OFFICE
 COLORADO DUI * DEAC * DWAI SENTENCING

WELCOME Phone (719) 260-1002 Fax (719) 260-1003 

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 Robert D. Gustafson  *  Attorney at Law  *  Colorado Springs
 Business Hours  *  Attorney Availability  *  Trade Area
  		 Toll Free (800) 410-1002
 
 
COLORADO DUI - DEAC - DWAI  SENTENCING
DRUNK DRIVING SENTENCING PENALTY GRID
Colorado DUI DWAI DEAC Sentencing Grid - BAC, prior conviction, fines, jail, alcohol education, 
useful public service, antabuse - Colorado Springs traffic & criminal defense attorney
Colorado traffic & criminal trial practice 25+ years Colorado State Courts & Colorado Springs Municipal Court
DUI & DEAC Sentencing
Sentencing Grid - Statutory Requirements 		DWAI Sentencing
 Sentencing Grid - Statutory Requirements
SYNOPSIS OF SENTENCING LAW
BAC 0.20 OR GREATER		 STATUTORY PUBLIC SERVICE GRID
 simplified chart of UPS per facts - statutory
ALCOHOL EDUCATION & THERAPY GRID
simplified chart of treatment per facts
Department of Health Regulations		 USEFUL PUBLIC SERVICE AGENCIES
Local Supervision Agencies List - Court Approved
ALCOHOL EDUCATION AND THERAPY AGENCIES
 Local Class List - State Certified		 VICTIM IMPACT PANEL
El Paso County - Colorado Springs
COMPLETION FORMS - AA meetings, public service
disulfiram - antabuse, alcohol education & therapy		 VEHICLE FORFEITURE
 Legislative Debate
ATTORNEY POLICIES
Attorney Representation & Declined Matters
 Legal Advice Limited to Clients - Not General Public
 Pro Bono Representation or Installment Payment
 Representation Now - Another Attorney or Self
 Post Sentencing - Revocation or Appeal
 Cases Outside Colorado Springs - Travel
 

TRAFFIC DEFENSE
DUI - DWAI - DEAC  *  Driving Under Restraint  *  No Operator's License  *  Speeding DMV DEFENSE DMV Appeal
Speed Contest - Drag Racing  *  Eluding Police  *  Hit & Run  *  Compulsory Insurance License Hearings * Point Structure * Forms
Reckless Driving - Careless Driving  *    *  Weaving - Roadways Laned for Traffic Habitual Offender  *  Interstate Compact
Minor - Alcohol Red Light - Stop Sign  *  Traffic Definitions  *  Traffic Infraction vs. Crime  *  Traffic Cameras Insurance SR-22 Interlock  Driving Records

 

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SENTENCING - ALCOHOL RELATED TRAFFIC OFFENSES
 DUI - DRIVING UNDER THE INFLUENCE
OR
 DEAC - DRIVING WITH EXCESSIVE ALCOHOL CONTENT
 STATUTORY SENTENCING REQUIREMENTS
 CRS 42-4-1301(7)(a)  *  EFFECTIVE DATE: SEPTEMBER 25, 2001  *  SENATE BILL 01S2-008
 
DUI OR DEAC PRESUMPTIVE JAIL MANDATORY JAIL PRESUMPTIVE  FINES PUBLIC SERVICE
BAC 0.199 OR LESS 5 Days - 1 Year None $300 - $1,000 Presumptive
and NO PRIORS all jail can be suspended all fines can be suspended 48-96 hours
Mandatory Min
48 hours

*        *        *        *        *        *        *

DUI OR DEAC PRESUMPTIVE JAIL MANDATORY JAIL PRESUMPTIVE  FINES PUBLIC SERVICE
BAC 0.20 OR GREATER 90 Days - 1 Year 10 Days $500 - $1.500 Presumptive
and NO PRIORS 80 days can be suspended all fines can be suspended 60 - 120 Hours
         OR         with Mandatory Min
ANY BAC and alcohol evaluation, 60 Hours
PRIOR CONVICTION alcohol education
DUI or DEAC  and / or therapy
          or         and
Vehicular Homicide 1 year monitored abstinence 
          or which may include
Vehicular Assault disulfiram-antabuse
          or
Driving Under Restraint - 
all statutory sections

         *        *        *        *        *        *        *

DUI OR DEAC PRESUMPTIVE JAIL MANDATORY JAIL PRESUMPTIVE  FINES PUBLIC SERVICE
BAC 0.199 OR LESS 70 Days - 1 Year 7 Days $4 Presumptive
            and 63 all fines can be suspended 56 - 112 Hours
PRIOR CONVICTION         with Mandatory Min
DWAI alcohol evaluation, 56 Hours
alcohol education
and / or therapy
        and
1 year monitored abstinence 
which may include
disulfiram-antabuse

SENTENCING - ALCOHOL RELATED TRAFFIC OFFENSES
 DWAI - DRIVING WHILE ABILITY IMPAIRED
 STATUTORY SENTENCING REQUIREMENTS
 CRS 42-4-1301(7)(a)  *  EFFECTIVE DATE: SEPTEMBER 25, 2001  *  SENATE BILL 01S2-008
 
DWAI PRESUMPTIVE JAIL MANDATORY JAIL PRESUMPTIVE  FINES PUBLIC SERVICE
BAC 0.199 OR LESS 2 Days - 180 Days None $100 - $500 Presumptive
and NO PRIORS all jail can be suspended all fines can be suspended 24-48 hours
Mandatory Min
24 hours

*        *        *        *        *        *        *
DWAI PRESUMPTIVE JAIL MANDATORY JAIL PRESUMPTIVE  FINES PUBLIC SERVICE
BAC 0.199 OR LESS 45 Days - 1 Year 5 Days $300 - $1.000 Presumptive
            and 40 days can be suspended all fines can be suspended 48 - 96 Hours
PRIOR CONVICTION         with Mandatory Min
DWAI alcohol evaluation, 48 Hours
alcohol education
and / or therapy
        and
1 year monitored abstinence 
which may include
disulfiram-antabuse

*        *        *        *        *        *        *

DWAI PRESUMPTIVE JAIL MANDATORY JAIL PRESUMPTIVE  FINES PUBLIC SERVICE
BAC 0.199 OR LESS 60 Days - 1 Year 6 Days $400 - $1.200 Presumptive
          and 54 days can be suspended all fines can be suspended 52 - Hours
PRIOR CONVICTION         with Mandatory Min
DUI or DEAC  alcohol evaluation, 52 Hours
          or alcohol education
Vehicular Homicide and / or therapy
          or         and
Vehicular Assault 1 year monitored abstinence 
          or which may include
Driving Under Restraint -  disulfiram-antabuse
CRS 42-2-138(4)(b)
alcohol related DUR

*        *        *        *        *        *        *

DWAI PRESUMPTIVE JAIL MANDATORY JAIL PRESUMPTIVE  FINES PUBLIC SERVICE
INITIALLY CHARGED  DUI 90 Days - 1 Year 10 Days $500 - $1.500 Presumptive
          and 80 days can be suspended all fines can be suspended 60 - 120 Hours
BAC 0.20 OR GREATER         with Mandatory Min
          and alcohol evaluation, 60 Hours
WITH OR WITHOUT alcohol education
PRIOR CONVICTION and / or therapy
        and
1 year monitored abstinence 
which may include
disulfiram-antabuse

*        *        *        *        *        *        *

ALCOHOL EDUCATION
     Alcohol Education Grid - simplified chart of treatment per facts
    Alcohol Education and Therapy Treatment Agencies - DUI Local Class List - State Certified
    Alcohol Education - Underage Consumption or Possession of Alcohol
        aka MIP - Minor in Possession - Non Driving Offenses

USEFUL PUBLIC SERVICE & VICTIM IMPACT PANEL
     Public Service Grid - simplified chart of UPS per facts - statutory
    Public Service Supervision Agencies - Local Supervision Agencies List - Court Approved
    Victim Impact Panel - El Paso County - Colorado Springs

GUSTAFSON LAW OFFICE
SENATE BILL 01S2-008 EFFECTIVE DATE: SEPTEMBER 25, 2001
 SYNOPSIS  
DWAI 1st *  PUBLIC SERVICE  *  PRIOR OFFENSES

If a defendant was originally charged with DUI and the BAC is 0.200 grams of alcohol per 210 liters of breath or 0.200 grams of alcohol per100 ml blood as tested within 2 hours of driving, but the defendant is convicted of the DWAI lesser included offense by plea agreement or trial, then the defendant must be sentenced under the sentencing provisions for DUI. CRS 42-4-1301(9)(b)(IV)

90 days - 1 year presumptive jail
        court can suspend 80 days upon condition that the defendant undergoes an alcohol evaluation and alcohol education / therapy treatment, plus monitored abstinence for 1 year, may include disulfiram - antabuse
        10 days mandatory minimum jail - the court can not suspend
$500 - $1,000 fine
60 hours mandatory minimum public service to 120 hours maximum public service

It is arguable that the CRS 42-4-1301(9)(b)(IV) excessive alcohol mandatory DWAI sentencing enhancer does not apply to a deferred prosecution or deferred sentence.

Useful public service must be imposed even if the defendant is granted a deferred prosecution or deferred sentence.  CRS 42-4-1301(9)(c)

A prior offense includes an out of state alcohol traffic conviction which under a law which is similar to Colorado DUI or DEAC. CRS 42-4-1301(9)(d)

A prior offense may be proven by stipulation (admission) of the defendant, a copy of an out of state driving record, or by an authenticated copy of conviction records from the out of state court. CRS 42-4-1301(9)(e)(II)

If a defendant is convicted of DUI or DEAC 2nd and the offense occurred within 5 years of each other, an interlock probationary driver's license as provided in CRS 42-2-132.5

DMV PROCEEDINGS & DRIVER LICENSE MATTERS 
LOSS OF COLORADO DRIVING PRIVILEGES
DMV Hearing Defense DMV Appeal

Driving in Colorado is a constitutionally protected privilege, but nevertheless a privilege which may be lost.  Multiple statutes can cause loss of driving privileges for different driver behavior.  Drivers are entitled to a DMV hearing.  In some circumstances the right to hearing precedes potential DMV adverse action; under other Colorado traffic laws the adverse order is entered, then the driver is provided notice of the adverse action and right to request subsequent hearing.  If hearing has been held or a DMV final order has otherwise entered and the Colorado driver's license or Colorado driving privileges have been suspended, revoked or denied, the driver's remaining recourse is appeal to the District Court.  DMV appeal is subject to a statute of limitations.  Right to appeal may be lost if the driver delays.  Upon final order in the District Court, either party make take the case on appeal to the Colorado Court of Appeals.  Refer to links for additional information.

COMPLETION CERTIFICATE FORMS
 Alcohol Education, Alcohol Therapy, Public Service, AA Meetings, Antabuse - disulfirum, deferred sentence, probation
 Colorado traffic & criminal trial practice 25+ years Colorado State Courts & Colorado Springs Municipal Court
DUI - DWAI - DEAC Defense   *   *   Driving Under Restraint Defense   *   *   Speeding Ticket Defense

**  NOTE:  Effective December, 2004 public service in El Paso County must be completed under supervision of an approved agency with insurance on the worker.  The court will not give credit for public service completed outside supervision and will not accept verification other than through the supervision agency.  Chief judges of other counties may have instituted similar blanket orders.
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 Regarding completions forms:

  1. Current Clients  will be provided with verification forms containing name and case number.
            Current clients may print any above linked form for individual but not commercial or law office use.
            Files are password restricted. 

  2. Former Clients and Non-Clients may print and use any linked verification form identified in blue.
            Former & non-clients do not have permission to print or otherwise use any linked verification form identified in red.  This restriction is not any inconvenience - it merely removes my name from the caption of pleadings and thereby avoids any possible confusion to the court or prosecutors.  Otherwise, the Current Client or Former Client and Non-Client forms are the same.
            Former & Non-Client limited permission to forms identified in blue extends to individual but not commercial or law office use.        

  3. Use of any form shall not constitute representation, nor shall it be considered an appearance of counsel in any litigation
THIS WEBSITE IS PUBLISHED AS A COURTESY BY A PRIVATE ATTORNEY
NOT VIP-MADD, AA, ALCOHOL EDUCATION PROGRAM OR PUBLIC SERVICE AGENCY
I welcome representation inquiries, but please don't call thinking this office provides identified community resources

ATTORNEY REPRESENTATION
 AND DECLINED MATTERS
 
CRIMINAL DEFENSE DUI DEFENSE & TRAFFIC DEFENSE DRIVER LICENSE DEFENSE
FAMILY LAW & DIVORCE DEBT COLLECTION COMMUNITY RESOURCES
FIRST CONSULTATION ACCOUNTING STRUCTURE WEBSITE INDEX GATEWAY
ATTORNEY SELECTION RETAINING GUSTAFSON ADVICE BY LAYMEN
 

I welcome representation inquiries however please refer to first consultation - the purpose is not to provide free legal advice to the general public.  Unless seeking to retain counsel, please do not email or call.  I do not provide legal opinions, answers or information in response to questions submitted from non-clients.  Given the scope of internet accessibility I can not be the free "Colorado answer man" and will politely decline.
 

ALTERNATIVES

FIND A LAWYER
if you are seeking the below
please refer to above links for helpful information
sole practitioner attorney does not accept these matters
 

a.  a pro-bono (free) lawyer
b.  an attorney who may take lower fees - economic hardship
c.  an attorney who may take installment payments
Attorney Welcomes
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charge card merchant discount
 

MID-LITIGATION REPRESENTATION
alternatives and find a lawyer links provided as a courtesy

Attorney Policies
 Litigant Pro Se - Attempt to Prepare Defense of Own Traffic or Criminal Case

1.  Adequate Time.  If sufficient time exists to adequately prepare your case and if prospective client approves this attorney's fees and costs structure, attorney will likely accept defense representation.  This shall not constitute an offer of representation; attorney and prospective client retain discretion through first consultation<