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Take DUI/DWAI Charges Seriously
If you have been charged with a Colorado DUI there are three things that you need to immediately consider:
- You may only have 7 days to save your driver’s license.
The DMV may require that you schedule a hearing within 7 days of getting your DUI to determine if your license will be suspended. Obtaining legal help today to protect your license is imperative. - Take the charge seriously.
A conviction for a Colorado DUI will have long lasting consequences. A criminal record can affect your employment, your residence, your future, and your personal freedom. - Hire a Colorado DUI Lawyer.
Understanding the Colorado DUI laws and courtroom proceedings can be a challenge. The Westerfield Law Firm focuses on DUIs, which can make a difference in the outcome of your case. DUI laws are constantly changing, and penalties at the DMV are becoming more severe. Make sure you hire an attorney who is versed in this area of the law.
Colorado DUI and DWAI arrests trigger two separate issues that you will have to deal with: the first is an administrative action with the Department of Motor Vehicles (DMV), where a person's driving privileges can be suspended. The second issue is the court case, where a variety of criminal punishments, such as jail time and fines, are possible. For anyone charged with drunk driving, DUI or DWAI in Colorado, it is vital to note that persons arrested for such a charge may have only 7 days from the date of arrest to request a hearing with the DMV. If you are arrested for drunk driving and do not request the DMV hearing on time, or in the appropriate fashion, your license could be automatically suspended. A request to the Colorado Department of Revenue requires a hearing within 60 days, and the driver's license to remain in good standing at least until the outcome of the DUI/DWAI hearing.
DUI/DWAI defendants in Colorado can be charged with DUI, or DWAI. In Colorado DWAI, which stands for Driving While Ability Impaired, is a lesser-offense, where the person's blood alcohol level (BAC) is between .05 and .079. Colorado drunk driving arrests can relate to driving under the influence, or violation of the "per se" laws.
Colorado DUI per se charges are slightly different. The DUI per se charge is brought against those arrested for DUI who provide a breath or blood alcohol sample of .08% or higher. It does not matter what the driving pattern is like, or whether the person arrested performed Field Sobriety Tests with textbook precision. It is a charge that is based purely on body chemistry.
A DWAI charge is similar to a DUI, except that to be convicted of DWAI, the prosecution is only required to prove that the defendant was affected to the slightest degree, so that the person is less able than he or she ordinarily would have been to exercise clear judgment.
Colorado, like many other states, imposes both criminal penalties and administrative driver's license penalties for a Colorado DUI conviction. That is why it is critical that you contact our DUI expert at the Westerfield Law Firm right away, to protect your rights both in court and with the Colorado DMV.
DUI arrests of persons from other states will still require a DMV Hearing to protect their driving privileges. Colorado is a member of the Interstate Driver's License Compact, which shares information about DUI and DWAI convictions and driver's license actions with other member states. There are 45 states that belong to this compact.
As to prior convictions for purposes of increasing punishment for a Colorado DUI or DWAI, prior DUI or DWAI convictions remain on record for a defendant's lifetime for criminal sentencing purposes, five years for DMV in considering lengths of Suspensions and Revocations for repeat alcohol incidents, and 7 years for Habitual Traffic Offender designation.
The maximum punishment for a DUI in Colorado is one year in jail, a $1000 fine, 96 hours of useful public service, an alcohol evaluation, an alcohol education course, and up to 86 hours of alcohol therapy. A BAC over .20 requires 10 days jail time. Second and third offenses carry higher maximums and require jail. Contact the Westerfield Law Firm to discuss your case, the possible penalties that you face, and how we can help you by providing excellent legal services.
For more specific information about the possible penalties of a DUI or DWAI conviction, please refer to the DUI Penalty Chart.
A DUI or DWAI arrest can happen to anyone. People from all walks of life face these charges. You can even be charged if you have nothing but legal prescription drugs in your system.
If you're arrested for DUI (driving under the influence) or DWAI (driving while ability impaired), you need a lawyer who will guide you through the process, scrutinize the evidence against you and protect your constitutional and procedural rights. Contact The Westerfield Law Firm, LLC today.