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The attorneys at Mertes Law are former DUI prosecutors with extensive experience in defending driving under the influence (DUI) and marijuana DUI charges. In Colorado a DUI charge means that the State believes it can prove that you drove a motor vehicle — or virtually any vehicle, including a golf cart, bicycle, skateboard, boat, or even a horse – when you have consumed alcohol or drugs such that you are affected to a degree that you are substantially incapable of exercising clear judgment, sufficient physical control, or due care in the safe operation of a vehicle. DUI is a misdemeanor criminal offense in Colorado unless you have three or more prior alcohol/drug driving convictions in which case a fourth DUI offense will be charged as a Class 4 felony. The fact that you are legally entitled to use a particular drug under Colorado law (for instance medical or recreational Marijuana, a prescription medication, or even an over-the-counter-remedy) does not provide you with a defense to a charge of DUI. The law means any drug or combination of drugs — to include inhaled glue, aerosol, or other toxic vapor(s), alone, together, or in combination with alcohol. In Colorado, Driving While Ability Impaired (“DWAI”) is a lesser offense to the charge of DUI. This essentially means that a jury who is charged with deciding if the State has proved DUI will also be charged with determining whether the State can prove you were impaired by alcohol. In Colorado, a DWAI charge means that the State believes that it can prove that you drove a motor vehicle when you have consumed alcohol or one or more drugs or a combination of alcohol and one or more drugs, such that you are affected to the slightest degree either mentally or physically — or both mentally and physically — of exercising clear judgment, sufficient physical control, or due care in the safe operation of a vehicle. DWAI is a misdemeanor criminal offense in Colorado, unless it is a fourth alcohol offense. Colorado also has a law dealing with underage drinking and driving which is commonly referred to as a Baby DUI. Under Colorado law it is a Class A traffic infraction for a person who is under the age of 21 to drive a vehicle when his or her BAC is above .02, but below .05 BAC at the time of driving or within two hours after driving. A judge has the discretion to punish a Baby DUI with up to 24 hours of community service and to impose an alcohol assessment and treatment for a first offense. The Colorado Department of Motor Vehicles (DMV) is responsible for assessing points, suspensions, revocations, and denials on motorist licenses when an individual has been convicted of an alcohol driving offense or multiple alcohol driving offenses; and when an individual refuses a chemical test. Every situation is different and strict deadlines apply for contesting an administrative revocation of your driver's license or driving privilege.