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DRIVING UNDER THE INFLUENCE
A DUI, DUID, or DWAI can have serious consequences, however, your outcome may be improved by hiring counsel. Prosecutor's are trained to offer plea bargains based on the BAC, number of priors, and aggravating factors such as an accident. These offers rarely change significantly unless a legal argument can be raised. Your chances improve with counsel and, if you decide to bring your case to trial, you will certainly need an attorney who will fight for your cause.
THE INITIAL DUI, DUID, or DWAI
A DUI, DUID and DWAI arrest in Colorado triggers two separate cases: the Division of Motor Vehicles (DMV) action; where your license might be suspended, and the court case, where a variety of drunk driving (DUI) punishments may or may not occur.
For anyone charged with DUI, DUID, or DWAI in Colorado, you likely have only 7 days from the date of arrest to request a hearing with the DMV. If arrested or detained for drunk driving and you do not timely request a hearing, your license will be suspended automatically. A request to the Colorado Department of Revenue (which includes the Colorado DMV) requires a hearing within 60 days, and your driver's license will remain in good standing at least until the outcome of the DUI / DWAI hearing.
You may have been charged with DUI and DUI per se. The per se charge is included with the DUI charge if you elected to perform a breath test and failed. In order to convict of DUI, the State must prove beyond all reasonable doubt that you were substantially incapable, mentally and/or physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle after consuming either alcohol or drugs. A BAC of greater than .08 will result in charges of DUI and DUI per se.
DWAI (driving while ability impaired) is similar to Colorado DUI, except that to be convicted of Colorado DWAI, the prosecution must prove beyond all reasonable doubt that you were affected to even the slightest degree, so that you were less able than you ordinarily would have been to exercise clear judgment. DWAI is charged if your BAC is less than .08 but greater than .05
Because of the severe penalties involved upon conviction for DUI and the complexity of this area of law, it is especially important to be represented by counsel.
Possible consequences of conviction include:
* Loss of License
* Jail Time
* Probation
* Up to 110 hours of alcohol therapy/education classes
* Community Service
* Fines
* In or Outpatient treatment
* Job Loss
A successful defense resulting in a jury verdict of not guilty, dismissal, or substantial reduction of charges, can frequently turn on whether the arresting officer followed technical procedures. This includes why the officer stopped your vehicle, the manner in which the officer conducted field sobriety testing, how the officer instructed the driver concerning breath or blood collection, the testing machine, testing procedures, qualifications of the testing officer, etc.
Additionally, it is imperative to seek counsel as soon as possible, as you may only have 7 days from the date of arrest to schedule a DMV Hearing.
Because so much is at stake, a lawyer is necessary to preserve your rights, to explore what defenses are available, and to reach the best possible outcome in your situation.
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DMV HEARINGS
Colorado, like many other states, imposes both a criminal penalty and sanctions on your driver's license for a Colorado DUI conviction. That is why it is critical to contact a Colorado DUI lawyer right away, to protect your rights both in criminal court and with the DMV.
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You'll need a lawyer to avoid or minimize potential consequences of your arrest in Colorado. If you or someone you care for has been charged with DUI, DUID, DWAI, or any other offense, CONTACT US.
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