Driving Under the Influence (DUI/DWAI)

Driving Under The InfluenceIn Colorado, there are four basic alcohol-related traffic offenses that you may be charged with: Driving Under the Influence (DUI); Driving While Ability Impaired (DWAI); Driving With Excessive Alcohol Content (DUI per se); and Underage Drinking and Driving (UDD). The definitions of DUI and DWAI include drug use as well alcohol consumption; while the definitions of DUI per se and UDD are limited to alcohol.

In all of the offenses above, the prosecution must prove beyond a reasonable doubt that the Accused was “driving” a “vehicle.” “Driving” under the DUI statute also includes “actual physical control,” therefore you may be charged with a DUI even if the vehicle never moved.

The police and prosecutors can use all of their observations, your performance on roadside tests, statements you have made and results of Blood Alcohol Content (BAC) tests as evidence against you in court. This evidence can be examined by a skilled defense attorney to test its accuracy and admissibility in court.

When evaluating an alcohol-related traffic offense, our firm will investigate your case to see:

  • Was the traffic stop by the police valid?
  • Did the police have probable cause to request roadside sobriety tests?
  • Did the police conduct the roadside sobriety tests properly?
  • Was the Blood Alcohol Content tests performed correctly on properly functioning equipment?
  • Were any statements made by the Accused involuntarily or without Miranda rights being read?

If evidence was gathered improperly or illegally, it may be thrown out along with your case. However, even if certain evidence is not thrown out, the answers to these questions can leave a lot of room for an effective cross examination, should your case go to trial.

The penalties for a DUI related offense are harsh. Today in Colorado, even your first DUI can land you in jail if your BAC is high enough. Second or third offenses can lead to serious mandatory jail sentences. Additionally, most convictions require the Defendant to: serve a term of probation from 6 months to 24 months; complete a community service program from a minimum of 24 to a maximum of 120 hours; complete an alcohol treatment program; and attend a Mothers Against Drunk Driving victim impact panel. Contacting a Colorado DUI Attorney as soon as possible after a DUI/DWAI arrest is the best way to protect your rights and freedom. Remember that Colorado DMV has strict deadlines for requesting a hearing, sometimes as soon as 7 days from your traffic stop.

Driver’s License Revocation &  Reinstatement After A DUI

After a hearing, your first driving with a B.A.C. of 0.08 or greater results in a 9-month revocation.

  • The revocation remains in effect until you complete the reinstatement process.
  • Excess B.A.C. reinstatements are processed by mail.  You should begin the reinstatement process approximately 1 month before you expect to reinstate.
  • If you were 21 or older at the time of the violation, are a Colorado resident, you may reinstate after only 1 month of revocation provided you install an Ignition Interlock Device (Interlock) in your vehicle.
  • If your B.A.C. was below 0.17, you reinstate early, drive only an Interlock vehicle and do not have any B.A.C. when you drive, you may be eligible for an unrestricted license after 4 consecutive months of successful Interlock driving.

Reinstatement (after a 9-month revocation):

You must:

1.      provide an SR22 from your insurance company and maintain it for 9 months following reinstatement (3 years if you were involved in an accident);

2.      complete an Alcohol Education Certification;

3.      complete an Application for Reinstatement; and,

4.      mail the SR22, the Alcohol Certification and the Application along with your personal check or money order for $95 to the address provided on the Application.

 

Early Reinstatement (1-month revocation plus 8-month Interlock):

In addition to items 1-4, you must maintain the SR22 for a minimum of 3 years regardless of whether there was an accident and:

5.      have an Interlock installed in every vehicle you either own or may drive;

 

High BAC:  In addition to items 1, 3, 4 & 5, if your B.A.C. was 0.17 or more, whether or not you reinstate early, you must:

6.      enroll in and complete Level II Alcohol Education and Therapy;

7.      have an Interlock restricted license for at least 2 years following reinstatement.

 

Around a month after DMV has all of these above documents, a letter of clearance will issue and you may apply for a new valid driver’s license.

Contact us today to schedule a free consultation to discuss your case