Out-of-State Drivers and DUIs and DWAIs in Colorado
Colorado has some of the strictest laws in the country when it comes to intoxicated driving. Not only can a motorist face charges for driving under the influence (DUI) if they have a blood alcohol concentration of 0.08 percent or higher, or otherwise is under the influence of alcohol, but Colorado also has a law that prohibits driving with even less alcohol in your system. DUIs in Colorado are typically charged as misdemeanor offenses, but subsequent offenses, or cases involving injury or death, may be charged as felonies. Beyond DUIs, under Colorado law, a motorist can be charged with the offense of “driving while ability impaired” (or DWAI) for having a blood alcohol concentration between 0.05 and 0.08 percent, or if they drive a vehicle “while impaired by alcohol or by one or more drugs.”
In short, you can face DWAI charges in Colorado even when you would not face any type of offense in another state. If you are merely driving through Colorado, or visiting the Denver area and driving a rental car, are you responsible for DWAI charges if your state does not have this specific criminal offense? And how are DUI charges handled for out-of-state drivers? The short answer is that any person driving in Colorado will face the same consequences of a DWAI or DUI arrest as a motorist with a Colorado driver’s license. An experienced Denver DUI defense attorney at DeChant Law can provide you with additional information.
Out-of-State Drivers Face the Same Charges as In-State Drivers
It is important to be very clear that an out-of-state driver in Colorado — whether they are temporarily living in Colorado or visiting temporarily — is not treated differently for purposes of DWAI or DUI laws from a Colorado resident. You face the same charges. It does not matter if your state of residence does not have a DWAI law, or defines a DUI differently.
Court Appearance Will Be Necessary
Anyone who is facing DWAI or DUI charges in Colorado, even if they live thousands of miles away in another state, will need to make plans for a court appearance in Colorado. But the good news is that you may not have to appear in person if you hire a defense attorney in Colorado. Your defense lawyer may be able to negotiate a plea with the prosecutor and judge to allow you to appear virtually online.
Penalties Can Affect Your Out-of-State Driver’s License
If your DWAI or DUI case results in a suspension of your license and you live in one of the Interstate Driver’s License Compact states (45 states in the US), then your license will also be suspended in your state. How other penalties affect you will depend on the penalty and your home state.
Contact Our Denver DUI Defense Lawyers
Were you arrested for or charged with a DWAI or DUI while driving in Colorado as an out-of-state motorist? If so, you cannot simply ignore the charges even if you live elsewhere and do not plan to return to Colorado. You will need to seek advice from one of the experienced Denver DUI defense attorneys at DeChant Law as soon as possible. Contact us today to learn more about defending against DWAI or DUI charges in Colorado as an out-of-state driver.
Source:
law.justia.com/codes/colorado/2021/title-42/article-4/part-13/section-42-4-1301/
