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WELCOME |
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GUSTAFSON
LAW
OFFICE
Colorado Springs, Colorado |
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COLORADO DUI * DEAC * DWAI SENTENCING |
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Phone (719)
260-1002
Fax
(719) 260-1003 **
Toll Free (800)
410-1002
Robert D.
Gustafson * Attorney at Law * Colorado Springs |
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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 |
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ATTORNEY
POLICIES
Cases Outside Colorado
Springs - Travel
No Pro Bono Assistance
*
No Installment Payment
Legal Advice
Limited to Clients - Not General Public
Representation Now - Another Attorney or Self
Attorney
Representation & Declined Matters
No Post Sentencing - Revocation or Appeal |
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FIRST CONSULTATION - NOTICE |
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Attorney
welcomes representation
inquiries however the purpose is
not to provide free legal advice to the general public. Unless
seeking to retain counsel, please do not email or call. Attorney
does not provide legal opinions, answers or information in response to
questions submitted from non-clients, & attorney is not the phone company
411 center for phone number information. Given the scope of internet
accessibility, I can not be the free "Colorado answer man" and will
politely decline such requests. |
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DUI cases occur across Colorado - please refer to
attorney travel. |
Travel Policies & Trade Area
* Itemized
Travel Expenses
* Colorado Map |
common fees
have been quoted and information provided
attorney is prepared to provide legal representation |
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attorney
comparison is understandable, but before calling
please be
prepared to retain if I am counsel of your choice |
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Adobe Acrobat Reader
version 5 or later is required to view .pdf files 
Free Download
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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 |
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DUI OR DEAC |
PRESUMPTIVE JAIL |
MANDATORY
JAIL |
PRESUMPTIVE FINES |
PUBLIC SERVICE |
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BAC 0.199 OR
LESS |
5 Days - 1
Year |
None |
$300 - $1,000 |
Presumptive |
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PRIORS |
all jail can be suspended |
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all fines can be suspended |
48-96 hours |
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Mandatory Min |
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48 hours |
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DUI OR DEAC |
PRESUMPTIVE JAIL |
MANDATORY
JAIL |
PRESUMPTIVE FINES |
PUBLIC SERVICE |
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BAC 0.20 OR GREATER
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90 Days - 1
Year |
10 Days |
$500 -
$1.500 |
Presumptive |
| and NO
PRIORS |
80 days can be suspended |
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all fines can be suspended |
60 - 120 Hours |
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OR
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with |
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Mandatory Min |
| ANY BAC and |
alcohol evaluation, |
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60 Hours |
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PRIOR CONVICTION |
alcohol education |
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| DUI or DEAC |
and / or therapy |
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or |
and |
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Vehicular Homicide |
1 year
monitored abstinence |
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or |
which may include |
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Vehicular
Assault |
disulfiram-antabuse |
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or |
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Driving Under Restraint
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all statutory sections |
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DUI OR DEAC |
PRESUMPTIVE JAIL |
MANDATORY
JAIL |
PRESUMPTIVE FINES |
PUBLIC SERVICE |
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BAC 0.199 OR
LESS |
70 Days - 1
Year |
7 Days |
$4 |
Presumptive |
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and |
63 |
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all fines can be suspended |
56 - 112 Hours |
| PRIOR
CONVICTION
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with |
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Mandatory Min |
| DWAI |
alcohol evaluation, |
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56 Hours |
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alcohol education |
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and / or therapy |
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and |
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1 year
monitored abstinence |
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which may include |
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disulfiram-antabuse |
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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 |
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DWAI |
PRESUMPTIVE JAIL |
MANDATORY
JAIL |
PRESUMPTIVE FINES |
PUBLIC SERVICE |
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BAC 0.199 OR
LESS |
2 Days - 180 Days |
None |
$100
- $500 |
Presumptive |
| and NO
PRIORS |
all jail can be suspended |
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all fines can be suspended |
24-48 hours |
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Mandatory Min |
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24 hours |
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DWAI |
PRESUMPTIVE JAIL |
MANDATORY
JAIL |
PRESUMPTIVE FINES |
PUBLIC SERVICE |
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BAC 0.199 OR
LESS |
45 Days - 1 Year |
5 Days |
$300 - $1.000 |
Presumptive |
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and |
40 days can be suspended |
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all fines can be suspended |
48 - 96 Hours |
| PRIOR CONVICTION |
with |
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Mandatory Min |
| DWAI |
alcohol evaluation, |
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48 Hours |
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alcohol education |
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and / or therapy |
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and |
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1 year
monitored abstinence |
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which may include |
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disulfiram-antabuse |
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DWAI |
PRESUMPTIVE JAIL |
MANDATORY
JAIL |
PRESUMPTIVE FINES |
PUBLIC SERVICE |
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BAC 0.199 OR
LESS |
60 Days - 1
Year |
6 Days |
$400 - $1.200 |
Presumptive |
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and |
54 days can be suspended |
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all fines can be suspended |
52 - Hours |
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PRIOR CONVICTION |
with |
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Mandatory Min |
| DUI or DEAC |
alcohol evaluation, |
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52 Hours |
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or |
alcohol education |
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Vehicular Homicide |
and / or therapy |
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or |
and |
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Vehicular
Assault |
1 year
monitored abstinence |
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or |
which may include |
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Driving Under Restraint
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disulfiram-antabuse |
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CRS 42-2-138(4)(b) |
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alcohol related DUR |
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DWAI |
PRESUMPTIVE JAIL |
MANDATORY JAIL |
PRESUMPTIVE FINES |
PUBLIC SERVICE |
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INITIALLY CHARGED DUI |
90 Days - 1 Year |
10 Days |
$500 - $1.500 |
Presumptive |
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and |
80 days can be suspended |
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all fines can be suspended |
60 - 120 Hours |
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BAC 0.20 OR GREATER |
with |
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Mandatory Min |
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and |
alcohol evaluation, |
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60 Hours |
| WITH OR
WITHOUT |
alcohol education |
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PRIOR CONVICTION |
and / or therapy |
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and |
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1 year monitored abstinence |
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which may include |
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disulfiram-antabuse |
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ALCOHOL EDUCATION
Alcohol
Education Grid - simplified chart of treatment per facts
Alcohol Education and
Therapy Treatment Agencies
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DUI
Local
Class List - State Certified
Alcohol Education - Underage
Consumption or Possession of Alcohol
aka
MIP - Minor in Possession - Non Driving Offenses |
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USEFUL PUBLIC SERVICE &
VICTIM IMPACT PANEL
Public
Service Grid - simplified
chart of UPS per facts - statutory
Public Service Supervision Agencies
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Local Supervision Agencies List - Court Approved
Victim Impact Panel - El Paso County - Colorado Springs |
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GUSTAFSON LAW OFFICE
SENATE BILL 01S2-008 EFFECTIVE DATE: SEPTEMBER 25, 2001
SYNOPSIS
DWAI 1st * PUBLIC SERVICE
* PRIOR OFFENSES |
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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
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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
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LOSS OF COLORADO
DRIVING PRIVILEGES |
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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. |
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** 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. |
| Adobe Acrobat Reader
version 5 or later is required to view .pdf files
Free Download |
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Regarding completions forms:
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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.
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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.
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Use of any form shall
not constitute representation, nor shall it be considered an
appearance of counsel in any litigation
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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 |
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ATTORNEY
REPRESENTATION
AND DECLINED MATTERS
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ALTERNATIVES
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FIND
A LAWYER |
if
you are seeking the below
please refer to above links for helpful information |
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sole practitioner
attorney does not accept these matters |
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a. a pro-bono (free) lawyer
b. an attorney who may take
lower fees - economic hardship
c. an attorney who may take installment payments |
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MID-LITIGATION
REPRESENTATION
alternatives and find a
lawyer links provided as a courtesy
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Attorney
Policies
Litigant Pro Se - Attempt to
Prepare Defense of Own Traffic or Criminal Case |
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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. |
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2.
Insufficient Time. If you've waited until the eleventh hour and there is not
sufficient time to adequately prepare your case or defense before a contested
court proceeding, please do not call. I decline. |
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3.
Limited Assistance.
Please do not call requesting instruction, directions, legal theory,
forms completion or limited document drafting, partial representation, or an explanation of
applicable law to assist you in preparation or defense of your own case. I decline. |
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Attorney
Policies
Representation
by Previous Attorney
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1.
Current Attorney.
Until an order has entered withdrawing representation by an
attorney, an ethical rule violation exists if counsel
knowingly speaks to another attorney's client without current
attorney's consent. This ethical rule governs all
attorneys. Please do not call until after
you have terminated representation by a former attorney.
After
other counsel's withdrawal it may take significant effort for the the new attorney to "catch up."
Please be aware fees and costs will be associated with procuring the court
file and coming up to speed in the case. |
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2.
Adequate Time.
If prospective client terminates employment of the
former attorney, if sufficient time exists to adequately prepare your
traffic or criminal case, and if prospective client approves this
attorney's fees and costs structure, attorney will
likely accept representation. This shall
not constitute an offer of representation; attorney and
prospective client retain discretion through
first
consultation. |
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3.
Insufficient Time.
If you've waited until the eleventh hour and there is
not sufficient time to adequately prepare your case or
defense before a contested court proceeding, please do
not call. I decline. |
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4.
Second Opinion.
I will not arm chair quarterback another
attorney's case preparation, trial tactics or theory of
the case. Please do not call for a second
opinion or an opinion regarding the competence
of preparation or defense in your current
traffic or criminal case. I decline. |
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POST
SENTENCING MATTERS
PROBATION
REVOCATION * PAROLE VIOLATION
DEFERRED SENTENCE
REVOCATION * APPEALS |
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Post
Sentencing. I do not accept post sentencing
matters in any criminal, DUI or traffic case unless I provided
representation during the case in chief at the trial court level
and am familiar with the facts,
testimony and exhibits received into evidence, meritorious issues
& rulings. That's been my policy for years. Please do
not call or inquire regarding post sentencing matters if you are
not a former client.
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This
includes plea to
domestic
violence or other
criminal charge,
DUI,
DEAC
or DWAI charge or other
traffic
charge and probation,
deferred sentence,
parole or incarceration or
revocation proceedings based upon alleged failure to comply. |
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Exceptions.
If the underlying criminal case qualifies, refer to
sealing
criminal records. I accept meritorious sealing cases
regardless of whether or not you are a former client. NOTICE:
alcohol related traffic offenses, other traffic offenses or traffic
infractions are a specifically excluded in the
sealing
statute and can not be sealed. If relevant, I also accept
meritorious
collateral
attack cases.
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ATTORNEY
TRADE AREA & TRAVEL
CASES OUTSIDE EL PASO COUNTY |
GEOGRAPHIC
DISTANCE
ECONOMIC CONSIDERATIONS |
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Colorado is a big state
ease of internet access, email & toll free phone doesn't change
that fact |
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Attorney
is very willing to travel outside the Colorado Springs area to present
or defend a case,
but please be aware travel time, mileage and expense would apply. If you are out of state or unfamiliar with Colorado
geography, refer to the map to determine where
Colorado Springs is
located in relation to the county of your court case or hearing. |
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Southern Colorado Area |
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If travel is
necessary, a
trust deposit
would be required to cover anticipated travel time, mileage &
expenses. If it is not economically justifiable to retain
my services with travel, please contact counsel in the locale of
your case. |
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| COUNTIES |
CITIES / TOWNS |
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El Paso
County |
Colorado Springs / Manitou
Springs / Fountain |
I welcome new cases. Intent is not to be harsh
or to discard potential new business, but to be practical. |
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Chaffee
County |
Salida |
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Crowley
County |
Ordway |
Metro Denver Area |
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Custer
County |
Westcliffe |
COUNTIES |
CITIES / TOWNS |
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Douglas
County |
Castle Rock |
City and County of Denver |
Denver |
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Elbert
County |
Kiowa / Simla |
Adams County |
Brighton / Thornton / Federal
Heights |
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Fremont
County |
Canon City / Florence / Penrose |
Arapahoe
County
Court
District Court |
Littleton / Centennial /
Englewood |
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Huerfano County |
Walsenburg |
Arapahoe County - East |
Aurora |
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Las
Animas County |
Trinidad |
Broomfield County |
Broomfield |
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Lincoln
County |
Hugo (county seat) / Limon |
Gilpin
County |
Blackhawk / Central City |
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Otero
County |
La Junta |
Jefferson County |
Golden / Wheat Ridge |
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Park
County |
Fairplay |
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Pueblo
County |
Pueblo |
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Teller
County |
Cripple Creek / Woodland Park |
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| please
feel free to call or email if you are a client or are seeking representation |
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FREE
INITIAL CONSULTATION
not an offer for free legal
advice - refer to link for terms
I am a sole practitioner with need to manage my caseload & reserve
the right to decline any legal matter |
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Serving Colorado Springs Area Zip
Codes |
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| 80918 80920 80919 80917 80915
80908 80132 80909 80913 80916 80921 80922 80925 80901 80902 80903 80904 |
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80905 80906 80907 80910 80911 80912
80914 80921 80926 80928 80929 80930 80931 80933 80934 80935 80936 |
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80937 80940 80941 80942 80943 80944 80945
80946 80947 80949 80950 80960 80962 80970 80977 80995 90997 |
Copyright © 2001 - All Rights Reserved - Document
Revised: March 14, 2010
no copyright claimed to merchant logo, software logo, fingerprint, flag, envelope or drawing images
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