Driving under the influence (DUI) and driving while intoxicated (DWI) both allege you were operating a motor vehicle with a breath-alcohol concentration over the nationwide driving limit of .08. Under Colorado law, the charge is driving under the influence (DUI).
Colorado is one of a handful of states that also has a lesser charge on the books. Driving while ability impaired (DWAI) alleges you were driving with a breath-alcohol level of at least .05 but less than .08.
Drink driving charges are the most serious and commonly charged traffic violation in Colorado and a leading generator of court revenue statewide. The addition of DWAI ensnares many motorists who should never have been charged. These defendants have often never been in trouble with the law and believed they were acting responsible by limiting alcohol consumption to a drink or two after work, or while at dinner with friends.
Unfortunately, the penalties are serious. A first-offense DWAI carries a penalty of 2 to 180 days in jail, fines of up to $500 and up to 40 hours of community service. A first offense DUI carries a penalty of 5 days to 1 year in jail, a fine of up to $1,000 and up to 96 hours of community service.
Perhaps even more concerning is the fact that either charge will set you up for enhanced penalties in the event of a subsequent offense. Either charge counts as a first offense when it comes to a second offense DUI or DWAI charge. While nobody plans to get stopped and arrested once, let alone repeatedly, our Fort Collins DUI defense lawyers know that having a conviction on your record means you will likely be targeted and stopped by law enforcement for years to come.
Colorado law utilizes a two-stage system that requires both an administrative hearing and a criminal court case. The administrative hearing, also called a DMV hearing, must be requested within 7 days of arrest, or within 7 days of receiving blood test results in cases where a blood test is administered. This hearing will determine the revocation or suspension of your driving rights.
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Early consultation with an experienced Fort Collins DUI defense lawyer offers the best chance to request a hearing and prepare your defense. It will also give your defense attorney a first look at the evidence against you as he prepares your criminal defense.
The reality is there are many ways an experienced defense attorney can seek a reduction or dismissal of the charges against you. In particular, first-offense cases are often ripe for reduction or dismissal. The mere act of hiring an experienced Fort Collins defense lawyer may make it likely that the state will seek to resolve your case in a favorable manner without the need and expense of going to trial.
Common defenses to DUI and DWAI charges in Colorado include:
The nationwide average cost of a DUI conviction is in excess of $10,000, once court costs, lost wages, increased insurance premiums, and the cost of supervision, alcohol classes and other fees are included. The goal of an experienced Fort Collins DUI defense attorney is to keep you out of jail, save your license, and seek to have the charges reduced or dismissed whenever possible.
Our Fort Collins DUI Defense Attorney represents clients in Brighton and throughout Adams and Weld counties, as well as Larimer County and the Fort Collins area, including Loveland, Berthound, Estes Park, Johnstown, Timnath, Wellington and Windsor.
Call 970-592-2805 for a free and confidential consultation to discuss your rights.
