Being charged with Driving Under the Influence (DUI) or Driving While Ability Impaired (DWAI) in Colorado can be a frightening experience. You could end up losing your driving privileges, skyrocketing your insurance premiums, earning a criminal record, and even facing the possibility of spending time behind bars. If you find yourself in this situation, it’s important to speak with a criminal defense lawyer right away. Contact The Harrell Law Firm, PLLC to schedule a free consultation.
Why Choose The Harrell Law Firm, PLLC For Your DUI or DWAI Case?
When faced with the life-altering consequences of a DUI or DWAI, it’s essential to have an experienced and dedicated attorney on your side. Here’s why you should choose The Harrell Law Firm, PLLC:
- With over 12 years of experience assisting clients through difficult life situations in and out of the courthouse, we know the ins and outs of Colorado DUI law.
- We will analyze your individual case needs and work with you to find creative solutions within the legal framework.
- We always make sure clients are informed of the charges and possible consequences and defenses. We want to make sure you have all the information needed to make an informed decision about your case.
How an Attorney Can Help You With a DUI or DWAI Charge
Handling a DUI or DWAI charge involves several critical steps where the expertise and guidance of a skilled lawyer can make a difference. Here are some examples of what a lawyer will do in your defense:
- Review all the evidence, police reports, and witness statements to ensure that the arrest and the procedures followed were lawful. If any procedures or protocols were not followed correctly, this could weaken the case against you.
- Your lawyer will communicate with the prosecuting attorney on your behalf. This can include discussing potential plea deals, negotiating a sentence reduction, or even convincing the prosecutor to drop your charges altogether.
- In the event that your case goes to trial, your lawyer will prepare you adequately. They will build a strong defense strategy, compile necessary evidence, and represent you in court.
Driving Under The Influence
In Colorado, if your blood alcohol content (BAC) is .08% or higher, you will automatically be charged with driving under the influence. This is known as a DUI per se.
You can also be convicted of a DUI if you are “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” due to being under the influence of alcohol or drugs.
Penalties for DUI In Colorado
Being convicted of a DUI brings about harsh penalties, and they only get harsher with subsequent convictions. Some of the most common consequences include:
- Fines
- Jail time or probation
- Community service hours
- License suspension
- Points on driving records
- Installation of ignition interlock
- Alcohol and/or drug treatment and education programs
To learn more about the specific penalties, contact a lawyer as soon as possible.
Driving While Ability Impaired
If your BAC is between 0.05% and 0.8%, you can be charged with DWAI. This charge is less severe, as it only requires that the prosecution prove your ability to drive was impaired to the “slightest degree.”
Penalties for DWAI in Colorado
DWAI offenses in Colorado carry a range of penalties, varying based on whether it’s a first, second, or subsequent offense. Some potential punishments include:
- Fines
- Jail time or probation
- Community service hours
- Alcohol and/or drug treatment and education programs
- Points on driving records
Common Legal Defenses
There are several common defenses that your attorney may utilize to challenge the prosecution’s case against you. Some of these include:
- No probable cause for the traffic stop – The officer must have had a valid reason for pulling you over. If they didn’t, your attorney could argue that the traffic stop was unlawful, potentially getting the evidence against you suppressed and severely weakening the prosecution’s case against you.
- Not being advised of your rights – If you weren’t read your Miranda rights (commonly known as being “Mirandized”) before you were questioned, any statements you made might be considered inadmissible in court.
- Improper chemical testing procedures – Your attorney may also challenge the validity of blood alcohol content (BAC) tests that were taken during your arrest. This can involve arguing that the breathalyzer machine used was improperly calibrated, that the officer administering the test wasn’t properly trained, or that other factors compromised the accuracy of the results.
Contact The Harrell Law Firm, PLLC To Schedule a Free Consultation
Navigating a DUI and DWAI charge isn’t easy, which is why enlisting the help of a skilled attorney is so important. We’re here for you. Contact The Harrell Law Firm, PLLC to schedule a free consultation.