DUI & DWAI

Have you been charged with a DUI or DWAI?

No one should drink and drive, or drive under the influence of drugs. It puts them and others at great risk. Should you find yourself in a situation where you are driving under the influence, know that the penalties for doing so can be significant. That being said, we know that people do not always make the best choices. If you have been arrested for DUI or DWAI you need a lawyer who is empathetic to your position and will advise you on how best to move forward and not let one mistake ruin your life.

What to expect if you’re charged with a DUI or DWAI in Colorado.

When you are suspected of driving under the influence of drugs, alcohol, or a combination thereof, the first thing you will be asked to submit for a sobriety test. Typically, this consists of a field sobriety test and a chemical test, typically in the form of a blood or breath test. You will likely be given a choice between taking a breath or blood test, or you can refuse outright.

Choose a test, or refuse to test.

There are different reasons why you might opt for one test over the other, or to outright refuse. Your choice will impact how the rest of your case will progress. The legal limit for DUI in Colorado is .08, while a blood alcohol content (BAC) of .05 – .08 will result in a DWAI, or driving while ability impaired. You can also be arrested if you are under 21, and are found to have any alcohol in your system, or if you are a commercial driver with more than .04 BAC.

Request a DMV hearing.

After your arrest, you will receive a Notice of Revocation, which both serves as a temporary license and a notification that your driving privileges will be revoked if you do not contest the revocation. You have seven days from the date of the notice to request a DMV hearing. You do not need an attorney for this process, (in fact we have published this guide to help clients navigate their express consent hearing on their own) but you may still want your lawyer present, especially if you feel your case has unusual circumstances that would be better dealt with by an attorney.

Generally speaking, if the officer appears to the hearing, you are going to lose. That’s not to say that it’s a guarantee that you’ll lose if the cop shows up to the hearing, but it is, unfortunately, very, very likely. That’s why we really only encourage clients to hire us for EC hearings if their case is unique enough to warrant the additional cost ($1,000). But we don’t want to leave you on your own, with no resources, so we’ve put together this easy to follow guide on how to handle an EC hearing. IF you’re going to lose, it may as well not cost you anything, right? IF you are successful, you will be allowed to keep your license, if you are later convicted of DUI or lose the hearing your license will be revoked.

Attend your arraignment.

The next step is your arraignment, where you appear before a judge who will advise you of your charges and potential penalties. You should have an attorney present at this time. You will have the option of pleading guilty or not guilty.

If you plead guilty, a sentence will be imposed and the process is over. If you plead not guilty, the pre-trial phase begins and your attorney will have the chance to review your case in more detail. You may also be offered a plea deal, which usually involves pleading guilty for a reduced penalty. It is important to have your attorney present so they can advise you on whether or not the plea deal is in your best interest.

Penalties

If you are found to be, or plead guilty, the penalties for DUI in Colorado can include;

• your car being impounded
• required use of an ignition interlock device
• changes to your insurance
• possible jail time
• loss of your license
• probation
• hefty fines

Have you been charged with a DUI or DWAI in Colorado? Pav Law can help.

No one wants to be charged with a DUI or DWAI, especially if the charges are false or unfairly exaggerated, but we can help you make the best of a bad situation. Pav Law is dedicated to securing the best possible outcome for its clients. Trust us to put in the time and effort your case deserves. We are well versed in case law, hungry for the truth, and ready to fight for your freedom. We’ll walk you through the process so that you know what you can expect. We can also promise that you will be treated with dignity and respect during this difficult time.

If you are in Colorado or DWAI, call our offices today! The longer you wait to secure representation, the less time your attorney has to build your case. Do not let the system dictate your future. Call Pav Law today, and get your life back on track.

Do you need a defense lawyer for a DUI or DWAI?

Facing a DUI or related charge? Don’t do it alone! Andrew Brown is a defense attorney you can trust to fight for your freedom and defend your rights. Call us today at (719) 888-7888 or fill out our contact form.