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Can I Get Probation for A DUI or DWAI Charge in Colorado?

DUI Defense

If you have been charged with driving under the influence of drugs or alcohol in Colorado, you could face severe penalties, including the possibility of going to jail and hefty fines. If you have a prior driving under the influence (DUI) or driving while ability impaired (DWAI) conviction, you are likely to face some jail time. However, if it is your first offense DUI conviction, then jail time is unlikely to be part of your probation sentence. If you comply with the terms of probation, you may not have to go to jail.

Colorado Laws for DUI Probation

Probation is an alternative to jail time, but it comes with strict conditions, some of which might take weeks or months to complete. This can include community service, alcohol classes, random drug testing, and more.

You may be required to undergo mandatory supervised probation where you need to have regular check-ins with a probation officer. The probation officer will assess your progress and check whether you continue to comply with the probation terms.

Colorado DUI Probation Eligibility

Several factors need to be considered when determining eligibility for DUI or DWAI probation, including the following:

  • Criminal history
  • Prior offenses
  • Aggravating factors
  • BAC level

Violations of DUI Probation

If you violate your court-ordered probation conditions, You will have to appear in court for a probation revocation hearing and face serious legal consequences. The violation could be for many different things, such as failing a random drug test, misuse of the ignition interlock device, missing treatment sessions, or committing further offenses related to drunk driving.

The primary penalty for violation of probation for DUI or DWAI is probation revocation. After your probation is revoked, you could be subject to more severe penalties, such as fines and imprisonment. In some cases, you could have an extended probation period as a result of the violation. If your probation did not include house arrest or the use of an ignition interlock device, then they might be used as a penalty for the probation violation.

Consult An Experienced Colorado DUI Defense Attorney

If you are facing any type of charges related to DUI or DWAI, including violation of DUI probation, you should get in touch with us at Richard B. Huttner, P.C., to fight for your rights. We have extensive experience in DUI/DWAI cases in Colorado and would be happy to assist you in your case.

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