Driving Under the Influence (DUI)/Driving While Ability Impaired (DWAI)
Driving Under the Influence (DUI) or Driving While Ability Impaired (DWAI) are very serious charges, which can come with very long lasting and severe consequences.
If you are charged with a DUI/DWAI you may face jail time, loss of your driver’s license, loss of insurance or a very large rate increase, job loss, and the sanctions from the court can include expensive treatment, classes, and public service as well as additional time on probation. For a second or subsequent DUI, you are likely to be sentenced to mandatory jail/prison.
If you are charged with a DUI/DWAI, you need an experienced DUI attorney to help you with your case. Please contact the firm at (303) 552-1720 or schedule a consultation appointment right away.
DUI/DWAI - Two Cases in One
DUI/DWAI charges can also impact you in two important ways, effectively creating two cases you will have to defend simultaneously.
The first type of case you will have to defend is a formal hearing with the Colorado Division of Motor Vehicles (DMV), separate from the criminal DUI case. This case can result in the DMV revoking/suspending your driver’s license and driving privileges for up to a year on a first DUI, and longer on subsequent DUI convictions. If this occurs, the DMV will not only take your license and driving privileges away from you, but they will also impose very expensive and cumbersome sanctions on you, including the requirement of your having to carry extra SR-22 Liability Insurance in addition to your normal insurance and also the installation and use of an Ignition Interlock Device (portable breath test) in order to drive your car at all.
The second type of case a DUI/DWAI will require you to defend is the actual criminal case in which you will have to defend yourself against the District Attorney in court in the county in which you were charged. This second case is the more expensive, and in many cases the more impactful case in regard to the sanctions against you. This type of case may result in sanctions as simple as probation, treatment, classes, and public service; or the criminal case can lead to all of these sanctions along with jail or even prison time, depending on how many prior DUI/DWAI convictions you may already have.
DUI/DWAI Investigation
DUI Investigations are quite involved, and must be investigated in a very linear manner by law enforcement. If law enforcement does not take great care to investigate a DUI/DWAI properly, this can make a big difference in how a case is defended.
The Law Offices of Jason R. Gardner will defend your case aggressively to ensure your rights are protected, and that you receive the very best outcome possible in your case. If you have been charged with a DUI/DWAI charge, and you are in need of serious representation, please contact the firm at (303) 552-1720, or click on the Schedule an Appointment button below.
The Law Offices of Jason R. Gardner looks at all aspects of the investigation to ensure law enforcement has met their burden at each and every step in the investigative process. The firm will look very carefully at the reasoning for the traffic stop, the progression of the investigation from traffic stop to DUI investigation, and then continue to scrutinize any additional investigation, to include the Standard Field Sobriety Test (SFST’s or Roadside Maneuvers), as well as making sure law enforcement follows the Colorado Express Consent law and that any chemical tests were administered properly and within proper time limitations, and any warrants for tests are legally obtained.
There are numerous ways law enforcement might leave out a part of the investigation or not conduct the investigation in the right order. There are also a number of ways to defend each step in the process, all with an eye towards protecting your rights, and also limiting the sanctions against you.
DUI/DWAI SANCTIONS
DUI/DWAI charges can bring about a large number of sanctions if convicted or if you plead guilty to the charge, most of which are controlled by Colorado Revised Statute C.R.S. 42-4-1301. Remember that, just because you have been arrested for DUI/DWAI, this does not mean you are guilty of the charge. You need an aggressive attorney on your side to make sure your rights are protected, and that any sanction which may come from such an charge or arrest is as minimal as statute will allow.
DUI/DWAI sanctions can include substance abuse treatment; classes; public service; alcohol/drug testing and monitoring; probation; jail, and in some cases prison followed by parole for fourth or subsequent DUI/DWAI conviction, or when other felony charges are assessed, such as Vehicular Homicide along with the DUI/DWAI charge; and of course, very large fines.
DUI/DWAI criminal Penalties
The sanctions can be many and harsh for a DUI or DWAI charge. The statutory penalties for DUI and DWAI are as follows (C.R.S. 42-4-1307):
DUI - First Offense: Jail of 5 days to 1 year; fine between $600 to $1,000 plus Court Costs; Community Service between 48 to 96 hours. Probation may be imposed at the Court’s discretion (Colorado courts almost always impose probation). 12 Points will be assessed against your driving privileges.
DWAI – First Offense: Jail from 2 to 180 days; fine between $200 to $500 plus Court Costs; Community Service between 24 to 48 hours. Probation may be imposed at the Court’s discretion (Colorado courts almost always impose probation). 8 Points will be assessed against your driving privileges.
The penalty for a DUI/DWAI where the blood alcohol content is above .20 requires a mandatory jail sentence of 10 days to 1 year, and the mandatory minimum 10 days may not be suspended.
Second and Subsequent Offenses: The sentences for all second and subsequent convictions for alcohol-related offenses have 2 parts: an initial jail term followed by mandatory probation, which altogether carry a potential jail sentence of up to 2 years, fines up to $1,500 plus court costs, and community service requirements of up to 120 hours.
For a Third DUI/DWAI, the minimum mandatory jail sentence increases to 60 days, but the normal sentence given is often much higher.
For a Fourth or subsequent DUI/DWAI charge, the charge is considered a Class 4 Felony charge, and can come with a term of prison between 2-6 years, with a mandatory parole period of three years; fines between $2,000-$500,000; and all of the treatment, classes, and Community Service listed above.
If you are charged with a DUI/DWAI, you need an experienced DUI attorney to help you limit the consequences you will face in the case. Please contact the firm at (303) 552-1720 or schedule a consultation appointment right away.