First-Time DUI in Denver: Penalties and What to Expect

A first-time DUI charge in Denver can feel overwhelming. The penalties are serious, the legal process can be confusing, and your future may seem uncertain. Understanding what you’re facing—and how to respond—can help you protect your rights and make informed decisions. If you’ve been charged, speaking with an experienced Denver DUI lawyer should be your first step.

Understanding Colorado’s DUI Laws

Colorado law prohibits operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. Even if your BAC is below 0.08%, you can still be charged with DWAI (Driving While Ability Impaired) if your ability to operate the vehicle is even slightly affected by alcohol or drugs.

It’s important to remember that DUI laws also apply to substances other than alcohol. Driving under the influence of marijuana, prescription medications, or illegal drugs can lead to the same charges and penalties.

Criminal Penalties for a First-Time DUI

A first-time DUI in Denver is generally classified as a misdemeanor, but the consequences are far from minor. The exact penalties depend on factors like your BAC, whether there was an accident, and whether there were children in the vehicle. In most cases, you could face:

Jail Time

A first offense carries a minimum of five days in jail, up to a maximum of one year.
The court may suspend the minimum jail time if you agree to participate in a treatment or education program, but this is at the judge’s discretion.

Fines

Fines for a first DUI range from $600 to $1,000, not including court costs, surcharges, or other fees.
Additional costs may come from mandatory alcohol education, ignition interlock devices, and increased insurance rates.

Probation

You may receive up to two years of probation, which could include regular check-ins, alcohol testing, and compliance with specific court orders.

Public Service

The court typically requires between 48 and 96 hours of community service.

Administrative Penalties: Driver’s License Suspension

In addition to criminal penalties, the Colorado Department of Revenue’s Division of Motor Vehicles (DMV) can impose its own sanctions. These are separate from the court case and can happen even if your criminal charges are reduced or dismissed.

For a first DUI with a BAC of 0.08% or higher, your license can be suspended for nine months.
If you refuse a chemical test under Colorado’s express consent law, the suspension is typically one year.
You may be eligible for early reinstatement with an ignition interlock device after one month of suspension.

This administrative process is time-sensitive—you usually have only seven days from your arrest to request a DMV hearing to challenge the suspension.

Additional Consequences of a First-Time DUI

While jail time, fines, and license suspension are significant, the impact of a DUI conviction often extends beyond the legal system.

Employment Issues: Some employers conduct background checks and may take action if you have a criminal conviction, especially if your job involves driving.
Insurance Rate Increases: Auto insurance rates typically increase substantially after a DUI conviction, sometimes doubling or tripling.
Travel Restrictions: Certain countries, like Canada, may deny entry to individuals with a DUI on their record.
Permanent Criminal Record: A DUI conviction in Colorado is not eligible for record sealing (except in rare cases involving dismissal or acquittal), meaning it will remain on your record indefinitely.

The Court Process for a First-Time DUI in Denver

If you’ve been charged, your case will go through several stages:

Arraignment: Your first court appearance, where you’ll be formally advised of the charges and asked to enter a plea.
Pre-Trial Conferences: Opportunities to negotiate with the prosecutor, review evidence, and file legal motions.
Motions Hearings: Your attorney may challenge the legality of the traffic stop, arrest, or testing procedures.
Trial: If your case is not resolved through a plea agreement, it will go to trial where a judge or jury will decide your case.
Sentencing: If you are found guilty, the court will impose penalties based on Colorado’s sentencing guidelines.

Throughout this process, having a skilled Denver DUI lawyer can make a significant difference in the outcome.

How a Denver DUI Lawyer Can Help

Many people facing a first-time DUI assume they have no defense, especially if their BAC was over the legal limit. In reality, DUI cases are complex, and there may be opportunities to challenge the prosecution’s evidence.

A DUI defense attorney can:

Review the Traffic Stop: If the stop lacked probable cause, evidence may be suppressed.
Challenge Testing Procedures: Breathalyzers and blood tests must follow strict protocols—errors can result in unreliable results.
Negotiate Penalties: Your lawyer may be able to reduce charges, secure alternative sentencing, or shorten license suspension.
Represent You at the DMV Hearing: Protecting your driving privileges requires quick action and a strong defense at the administrative level.
Guide You Through the Process: A DUI attorney ensures you understand your options and helps you avoid mistakes that could worsen your situation.

Avoiding Common Mistakes After a DUI Arrest

If you’ve been arrested for a DUI in Denver, the steps you take immediately afterward can affect the outcome of your case.

Don’t Ignore the DMV Deadline: Missing the seven-day window to request a hearing almost guarantees license suspension.
Be Careful What You Say: Avoid making statements to police or prosecutors without legal representation.
Gather Evidence Early: Witness statements, video footage, and receipts can be important in building your defense.
Comply With Court Orders: Missing court dates or failing to follow pretrial conditions can lead to additional penalties.

Taking Steps Toward Recovery

A first-time DUI doesn’t have to define your future. Many people use this experience as a wake-up call to address alcohol or substance use issues, change driving habits, and build a stronger future. Completing court-ordered programs, maintaining sobriety, and avoiding new legal trouble can help you move forward.

Baker Law Group, PLLC — Your Denver DUI Defense Team

At Baker Law Group, we understand the stress and uncertainty a first-time DUI brings. Our experienced Denver DUI lawyers know Colorado’s DUI laws inside and out, and we fight to protect your rights, your record, and your future. We examine every detail of your case, from the initial traffic stop to the final evidence, to build the strongest defense possible.

If you’ve been charged with a DUI in Denver, you don’t have to face it alone. Contact Baker Law Group, PLLC today for a confidential consultation and find out how we can help you protect your future.