DUI Defense
Understanding the Colorado DMV’s Role in Drunk Driving Charges
The State of Colorado takes the crime of impaired driving very seriously. If you end up being charged with Driving Under the Influence (DUI), the Colorado Department of Motor Vehicles (DMV) has the option of suspending your driving privileges. But, with the help of an experienced Colorado DMV defense attorney, you may be able to keep your driver’s license so that you can go to your job and earn a living.
Blood Tests in Colorado DUI Cases
If you have been arrested for Driving Under the Influence (DUI) in Colorado, you most likely were given a choice between a blood test and a breath test. The third option that can occur is that a person can refuse a chemical test altogether.
If you elected a blood test it may be helpful for you to understand a little bit about blood tests. The first important point is that unlike a breath test, you will not know the results of your blood tests for some time. The blood must be shipped to a Colorado state certified laboratory for analysis. It will only be after the blood is analyzed that you will be made aware of the results.
Possible Defenses for a Colorado Springs DUI Charge
Getting arrested for driving under the influence (DUI) can be a scary thing and you don’t always know what you can do to defend yourself when facing these charges. Having a DUI attorney there will help tremendously because they’ll bring with them the experience of different defenses that are effective in fighting Colorado DUI charges.
Penalties You Face for a Colorado Springs DUI Charge
Under Colorado law, a DUI is defined as driving under the influence of drugs or alcohol above the legal limit, thereby affecting your ability to safely operate your vehicle. Being found with a blood alcohol level of above .08 can mean serious charges and penalties for you if you are convicted of drunk driving. Being found guilty of a DUI carries with it the possible penalties of fines, jail time, loss of your license, an increase on your insurance, and a permanent mark on your criminal record. The following are the potential punishments you may face if you are found guilty of driving under the influence in Colorado:
DWAI Penalties in Colorado
In Colorado a DWAI (Driving With Ability Impaired) occurs when your blood alcohol content (BAC) is at least 0.05%, but less than 0.08%. For a driver who is under 21 years of age, the BAC limit is 0.02 percent. If you have been arrested for a DWAI in Colorado you have seven days to request a hearing. The hearing must be scheduled to take place within 60 days. You can expect to receive notice of the date of your hearing within three weeks of your request. If your license was valid at the time of your arrest, you will be provided with a temporary driver’s license until the time of your hearing.
Punishments for a Felony DUI Charge in Colorado
Colorado’s DUI laws can be difficult to understand as they differ slightly from some other U.S. states’ laws. The Centennial State has two DUI laws:
- Driving Under the Influence (DUI): This is enforced when the driver’s blood alcohol content (BAC) measures 0.08% or higher.
- Driving While Ability Impaired (DWAI): This is enforced when the driver’s BAC measures 0.05% or higher, but is below 0.08%.
Possible DWAI Defenses in Colorado
The difference between drinking and driving laws in Colorado depends on the amount of alcohol in the driver’s blood. A Driving Under the Influence (DUI) charge is triggered when the driver’s blood alcohol content (BAC) measures above 0.08%. As well as DUI, Colorado also has penalties for Driving While Ability Impaired (DWAI). This offence is triggered when a driver’s BAC measures 0.05% or higher but is below 0.08%.
What is a Driving with Excessive Alcohol Content or DUI, Per Se?
In Colorado, if you are being prosecuted for Driving Under the Influence of Alcohol then you are likely being charged under two different crimes: Driving Under the Influence of Alcohol and Driving with Excessive Alcohol Content, sometimes referred to as “DUI Per Se.” Most people understand what a DUI means but are unfamiliar with what a Driving with Excessive Alcohol Content (DEAC) means. The following addresses the fundamentals of a Driving with Excessive Alcohol Content charge.
What Does Driving Under the Influence (DUI) Mean in Colorado?
I often ask potential clients, and sometimes even other attorneys who call me to ask DUI related questions, what does driving under the influence mean in Colorado? This question will usually lead to a confused look, and the person responds by stating something like, “It means you drove drunk.” Usually, I’ll then ask, what does it mean to drive drunk? This question almost always receives an even more confused response.
Tips for Avoiding a Colorado DUI This Summer
According to th
e Colorado Department of Transportation (CDOT), over 26,000 people are arrested for DUI in Colorado each year. State and local law enforcement officers typically increase patrols, sobriety checkpoints, and other scrutiny of drivers during the summer months.