DUI / DWAI

Few things are as stressful as being pulled over for drunk driving – even if you haven't been drinking. The stressful and tense encounter with law enforcement can all too easily end up with you in jail, and the repercussions of this arrest and any conviction can extend long after you have been released.

Fortunately, in Colorado, you can and should hire a DUI defense attorney to help you through this stressful moment. A skilled defense lawyer will not only help you avoid a DUI or DWAI conviction on your record, get the penalties to your driver's license or professional license lowered, or even get the charges dropped entirely.

How Is DUI Defined In Colorado?

In Colorado, the term DUI refers to "Driving Under the Influence" of alcohol, drugs, or a combination of both. However, it's important to distinguish between the two types of driving offenses in the state: Driving Under the Influence and Driving While Ability Impaired.

Driving Under The Influence (DUI)

To be convicted of DUI, the state will have to prove the following factors:

• That you had consumed drugs, alcohol, or a combination of both; and
• Those substance(s) affected you to a degree that you are substantially incapable (either mentally, physically or both) to exercise clear judgment, sufficient physical control or due care in the safe operation of a vehicle.

Driving While Ability Impaired (DWAI)

The charge of DWAI is slightly less severe than DUI. To be convicted of this offense, the state will have to prove the following factors:

• That you had consumed drugs, alcohol, or a combination of both; and
• Those substance(s) affects you to the slightest degree, such that you are less able than a personal normally would have been (either mentally, physically or both) to exercise clear judgment, sufficient physical control or due care in the safe operation of a vehicle.

What Is The Difference Between A DUI And DWAI Charge?

The difference between DUI and DWAI mainly lies in the degree of impairment caused by alcohol or drugs. Unfortunately, because DWAI laws emphasize that you can be charged for showing even the slightest amount of impairment, the offenses are particularly challenging to defend in court.

What's more, even though DWAI is a lesser charge than DUI, they are both categorized as alcohol-related driving offenses, and both charges are treated seriously in Colorado. Not only do these offenses come with a consequence in terms of sentencing, but you are not able to expunge them from your criminal record at any point. Because of this, it is paramount to work with an attorney who can help you find the best outcome for your case.

Do You Have To Give A Breath Or A Blood Sample During A DUI Arrest In Colorado? What Happens If You Refuse?

Your right to refuse a breath or blood test depends on whether or not you have caused major harm or injury to another person. In severe circumstances, police officers can obtain a mandatory blood draw. Outside of those circumstances, you can refuse to give a chemical test (breath or blood) during any routine DUI stop.

However, if you do refuse a chemical test, the police will inform you that this will violate Colorado's Express Consent laws and result in the DMV revoking your license for one year. However, while it's true that the DMV can revoke your license for refusing a chemical test, many drivers in these situations are able to get their license back before a year has passed – sometimes in only a matter of months.

In addition to this, your refusal to give a chemical test means that you are not giving investigating officers the potentially damning evidence that they need for the prosecutors to obtain a conviction in court. Depending on your situation, it may be more beneficial to manage the restrictions on your license than trying to fight the allegations of DUI in court.

Additionally, it's critical to understand that when you are charged with DUI, you do not lose your license immediately – but you have a limited amount of time to request a hearing with the DMV. However, if you are pulled over and refuse a breath test or submit to a breath test that shows you to be over the legal limit, you have to request a DMV hearing within the next seven days.

This DMV hearing is yet another opportunity for you to benefit from working with an experienced attorney. In some cases, a lawyer could help you prolong the time that you have a valid driver's license while the case is pending and give you the ability to retain your driver's license even in the situation of a refusal.

If You Plan On Pleading Guilty, Do You Need A DUI Attorney?

So many people go to court and plead guilty to DUI charges without a lawyer when it's clear to every attorney in the room that they could have walked away with a much better outcome. It's so important to negotiate a criminal charge even when the outcome seems clear. What's more, a person without legal experience will find it difficult to understand whether or not it's possible to challenge the evidence being brought against them.

There are countless arguments and defenses to be made in a DUI case – from working with drug recognition experts to challenging the accuracy of the breathalyzer machine – and these defenses are far less accessible without the help of an attorney.

If you are charged with DUI, the best thing you can do is get a case evaluation from an experienced DUI lawyer. This way, you can be confident that you are not suffering the consequences of a charge that was based on improperly obtained evidence.

Fortunately, an attorney can help you do more than defend against your criminal charges. By assessing the details of your case, your attorney will be able to help you complete the probation requirements early on in the process. This way, the amount of time you spend in contact with the criminal law system can be reduced.

Indeed, the more time you give your attorney to work on your defense, the more we can do to ensure you avoid that DUI or DWAI conviction on your record.

More Information

• Understanding Driving Under Restraint (DUR) Charges In Colorado
• Your Guide To Reckless Driving Laws In Colorado
• What You Need To Know About Charges In Colorado
• Suppressing Evidence: Your Key To Defending Against DUI Charges In Denver
• Facing DUI Charges In Colorado State

Contact A Colorado DUI Or DWAI Defense Lawyer Immediately

If you or a loved one has been pulled over and charged with a DUI or DWAI in Colorado, you are going to want the help of a skilled lawyer. Luckily, the Zorrilla Law Firm is at your service to help you through this stressful charge and situation.

The sooner you call us at (303) 951-8004 or book an online consultation, the faster we can get to work clearing your name, beating the DUI or DWAI charges against you, and ensuring your future is safe.