Knowing the statute of limitations for DUI charges in Colorado can help you understand how long you have to be prosecuted for drinking and driving.
DUI Statutes of Limitations
You may have heard of the term “statute of limitations” regarding other legal cases, such as personal injury and crimes like theft.
You might not know that DUI charges also have a statute of limitations. The statute of limitations for DUI cases typically varies based on different factors, such as the type of offense or whether this is your first, second, or third charge. It’s helpful to know Colorado DUI laws so you’re aware of your rights and legal options.
A DUI lawyer can teach you about statute limitations and other legal concepts. They can provide you with support and guidance through your case. A Denver DUI attorney can also help you minimize the fees you must pay after getting charged with a DUI. At Chaput Law, our experienced lawyers can help you with your DUI case. Contact our legal team today so that we can come up with a solid defense strategy against your charge.
What is the DUI Statute of Limitations in Colorado?
A statute of limitations is the set amount of time the state has to file charges for a case from the date of the incident. Statutes of limitations protect defendants from unfair legal proceedings and ensure that legal proceedings are handled promptly. In Colorado, the statute of limitations is 18 months for a misdemeanor DUI charge, three years for a felony, and five years for a case involving another person’s death.
As you can see, the severity of the charge increases the statute of limitations, reducing the likelihood that more severe cases don’t expire before they get handled. In most cases, after the allotted time has passed, the at-fault party no longer has to face penalties for their crime.
Penalties for a Misdemeanor DUI
DUI charges start as a misdemeanor, with the penalty increasing with each subsequent charge. You can be arrested for a DUI if a police officer pulls you over and your blood alcohol content (BAC) is 0.08% or higher.
Colorado DUI laws state the following penalties for a misdemeanor:
- First-time offense
- Five days to one year in jail
- $600 to $1,000 in fines
- Driver’s license suspension for up to nine months
- Second-time offense
- Ten days to one year in jail
- $600 to $1,500 in fines
- Driver’s license suspension for up to one year
- 48-120 hours of community service
- Ignition interlock device for two years after license reinstatement
- Third-time offense
- Sixty days to one year in jail
- $600 to $1,500 in fines
- Driver’s license suspension for up to two years
- 48-120 hours of community service
- Ignition interlock device for two years after license reinstatement
Penalties for a Felony DUI
Once a defendant has had three previous DUI convictions or their accident caused a severe injury or death, the DUI charge becomes a felony.
Here are the Colorado penalties for DUI felonies:
- Fourth-time offense
- $2,000 to $500,000 in fines
- Two to six years in prison
- Three-year parole period
- DUI causing serious injury
- $2,000 to $500,000 in fines
- Two to six years in prison
- Three-year parole period
- DUI causing death
- $3,000 to $750,000 in fines
- Four to 12 years in prison
- Five-year parole period
FAQs About DUI Statute of Limitations
Do I need a DUI lawyer?
After you’ve been charged with a DUI, you might not think you need a lawyer. You’ll take the penalties and handle the case on your own. While you’re not required to hire a lawyer, a DUI attorney can help reduce your punishment for a DUI. They can also review your case to ensure you weren’t wrongly convicted.
What is an ignition interlock device?
An ignition interlock device (IDD) is a tool you may receive if you’re a repeat DUI offender. It’s a portable breathalyzer that forces you to test your blood alcohol level before you can start your car.
Can I wait out the statute of limitations to avoid criminal charges?
Some may think they can wait for the statute of limitations to pass to avoid being charged for their DUI. But you can be arrested for skipping your court date.
You’re at the will of the prosecuting lawyer. They will press charges, which ultimately results in your court hearing. However, there may be times when the prosecutor gets busy and fails to press charges before the statute of limitations expires.
A common misconception is that if you don’t have a court date before your statute of limitations, your charges will be dropped. As long as the prosecutor has pressed charges, you still need to go to court even if it’s past the time restriction. Failure to appear in court can result in a warrant for your arrest.
Contact a Denver DUI Lawyer Today
Since Colorado law creates a time limit for you to be prosecuted, you must contact a criminal defense lawyer after you’ve been arrested. A DUI attorney can help guide you through the legal process, and they’ll protect your rights as a defendant. The legal team at Chaput Law has experience with Colorado DUI cases and can build a defensive strategy for you. They aim to minimize your penalties and fight for justice if you were wrongly arrested.
If you or someone you know has been charged with a DUI recently, contact Chaput Law today for your free consultation.
