If you have been arrested for a DUI or DWAI allegation, then you need an attorney with a over 10 years of experience. The first few days following an arrest for Driving Under the Influence can be critical in addressing collateral consequences of your arrest, whether or not it was truly justified.
Two key paragraphs within the Colorado DUI statute provide a basic overview of the criminal charges.
A DUI is defined by C.R.S. 42-4-1301(1)(f): “Driving under the influence” means driving a motor vehicle or vehicle when a person has consumed alcohol or one or more drugs, or a combination of alcohol and one or more drugs, that affects the person to a degree that the person is substantially incapable, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.
The lesser charge of DWAI is defined by C.R.S. 42-4-1301(1)(g): “Driving while ability impaired” means driving a motor vehicle or vehicle when a person has consumed alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, that affects the person to the slightest degree so that the person is less able than the person ordinarily would have been, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.
The terms “motor vehicle” or “vehicle” can be replaced by car, motorbike, truck, etc., in everyday language.
Do not hestitate to contact The Harrell Law Firm, PLLC regarding your case. You will need to take steps to address an automatic loss of your ability to drive, call a revocation of your license based on either refusing to complete a breath test or blood test, or based on a breath test that claims you had alcohol in your system exceeding the legal limit. You can lose your license without the assistance of a knowledgeable lawyer, even if your court case is eventually dismissed.
In addition to losing your driver’s license, a DUI arrest can cost you your job, can result in the loss of contact or parenting time (child custody) with your children, and can lead to jail. Let Sean P. Harrell address your concerns and questions, and apply his experience towards finding the best outcome for your case.