Colorado has strict laws to discourage drivers from drinking or using drugs while operating a motor vehicle. If you are convicted of DUI or DWAI in Loveland, you can face severe penalties that take away your freedom and driving privileges.
At The Harrell Law Firm, PLLC, our Loveland DUI and DWAI attorney aggressively defends the rights of clients who are facing DUI or DWAI charges. As a former district attorney, Attorney Sean P. Harrell understands how the state builds its case. He uses this intricate knowledge to help create strong defense strategies for his clients.
If you are facing DUI, DWAI, or any other alcohol or drug charges in Loveland, contact The Harrell Law Firm, PLLC today for a confidential consultation where we can discuss your legal rights and options. Call (970) 791-2006 or fill out our online form.
What Is DUI?
DUI stands for driving under the influence. This can be either alcohol or drugs. With a blood alcohol content (BAC) level above 0.08%, you can face DUI charges. With a BAC of 0.15% or above, you can be classified as a persistent drunk driver, which subjects you to harsher penalties.
If a person is suspected of driving under the influence of drugs, they are subjected to a blood test instead of a breath test because breath tests cannot currently detect the presence of controlled substances.
A person can also face DUI charges if they consumed a combination of alcohol and drugs.
What Is DWAI?
DWAI means driving while ability impaired. It is considered a lesser offense than a DUI because it involves a lower BAC level. However, law enforcement officers can establish grounds for a DWAI more easily than they can establish a DUI. A DWAI applies when a person’s driving is affected even in “the slightest degree” after consuming alcohol or a controlled substance. You can face this charge with a BAC of over 0.05% if you are less able mentally or physically to safely operate the vehicle than you ordinarily would have been.
Charged with DUI or DWAI in Loveland? Don’t wait to take action. Contact our Loveland DUI and DWAI attorney today to discuss your defense options.
Potential Penalties
A DUI or DWAI conviction can result in various penalties, including:
Jail Time
A first conviction of DUI can result in anywhere between five days and one year in jail, while a first conviction of DWAI can result in jail time between two and 180 days. The penalties increase with more convictions, resulting in potentially years behind bars.
In some cases, a portion of the jail sentence can be suspended if the defendant agrees to an alcohol treatment program.
License Suspension
In addition to criminal penalties, you can also face administrative penalties, including the potential loss of your driving privileges. This could result in a license suspension between nine and 24 months, depending on how many convictions you have received. The suspension can be for five years for habitual traffic offenders.
Fines
Criminal fines may be imposed of $200 to $1,500. Additionally, the defendant can be ordered to pay:
- Court costs
- Penalty surcharges of up to $500 to help pay for programs to address persistent drunk drivers
- Surcharges for the crime victim compensation fund
- Fees to reinstate their driver’s license
Community Service
You may be ordered to perform community service if you are put on probation.
Driving Points
A DWAI generally results in eight points on your driver’s license, while a DUI results in twelve points.
Loss of Professional License
A conviction for a DUI or DWAI can also lead to the loss of professional licenses for doctors, nurses, lawyers, and other professionals.
Common Defenses Against DUI and DWAI Charges in Colorado
Being charged with DUI or DWAI does not automatically mean you will be convicted. There are many possible defenses that a skilled Loveland DUI and DWAI attorney can explore based on the unique facts of your case. At The Harrell Law Firm, PLLC, we carefully investigate each case to identify weaknesses in the prosecution’s evidence and develop a tailored defense strategy.
Some common DUI and DWAI defenses in Colorado include:
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Unlawful Traffic Stop: If the police officer did not have reasonable suspicion to pull you over, any evidence obtained after the stop may be inadmissible.
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Inaccurate Breath or Blood Test Results: Breathalyzers and lab equipment must be properly calibrated and maintained. Improper procedures or contamination can lead to false readings.
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Lack of Probable Cause for Arrest: Even after a stop, officers must have a legal basis to place you under arrest. If they did not, your case could be dismissed.
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Field Sobriety Test Errors: Field sobriety tests are subjective and often improperly administered. Poor lighting, uneven ground, or medical conditions can influence the results.
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Violation of Miranda Rights: If you were not properly advised of your rights during the arrest or interrogation, key statements may be excluded from the case.
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Medical Conditions: Certain health conditions can mimic the symptoms of intoxication or affect the results of chemical testing.
Every case is different. That’s why it’s essential to work with a knowledgeable criminal defense lawyer in Loveland who can evaluate your situation and build the strongest possible defense. Our goal is to help you avoid unnecessary penalties, protect your record, and move forward with confidence.
Contact an Experienced Loveland DUI and DWAI Attorney Today
If you’ve been arrested for DUI or DWAI in Loveland, you may be feeling overwhelmed and uncertain about what comes next. The consequences of a conviction—jail time, fines, license suspension, and a permanent mark on your record—can impact nearly every aspect of your life, including your job, your family, and your future.
At The Harrell Law Firm, PLLC, our Loveland DUI and DWAI attorney is committed to helping individuals fight back against drunk and impaired driving charges. Attorney Sean P. Harrell is a former district attorney who understands how prosecutors build DUI cases—and he uses that insight to challenge evidence, question procedures, and build a strong defense on your behalf.
Don’t wait to get the legal support you need. The sooner you act, the more options you may have to reduce or dismiss the charges. Call our office at (970) 791-2006 or contact us online today to schedule a confidential consultation with a trusted Loveland DUI lawyer who will fight to protect your rights and your future.