DUI / DWAI / DUID and Traffic
DUI (Driving Under the Influence) / DWAI (Driving While Ability Impaired) / DUID (Driving Under the Influence of Drugs) and Other Traffic Violations
There are few rights more important to most people than their driving privilege. Driving makes all other things possible, especially in our mountain community. The ability to drive affects one's employment, medical, physical, social and recreational opportunities.
The first important thing you should know if you are charged with a Driving Under the Influence or related charge in Colorado is that it is BOTH a CRIMINAL offense with penalties of jail time, community service, alcohol classes, fines and costs, and a CIVIL offense with the possible revocation of your Driver's License.
We find this is often poorly explained by law enforcement or poorly understood by those charged. While your first court date may be typically six weeks away from the date charged, you must go to the Department of Motor Vehicles WITHIN SEVEN (7) DAYS of arrest and request a Civil Driver's License Hearing, or you will automatically lose your license for a minimum of 90 days.
Express Consent Law
In Colorado, those with a Driver's License operate a motor vehicle under Colorado's Express Consent Law, C.R.S. 42-4-1301 et seq. Colorado law requires you to take a chemical test when requested by law enforcement. It does not require you to do Roadside Field maneuvers. However, whenever a chemical test is requested by law enforcement, you must choose between Breath and Blood test for alcohol, or submitting a urine sample for drug testing.
The most frequently asked question is, "should I take a breath or blood test, or should I refuse?" If you refuse, you will likely lose your license for a minimum of 1 year. Generally, it is best to take the breath test. Due to variations in the accuracy of the breathalyzer, there are more possibilities of errors in your favor. However, all testing must be completed within 2 hours or it is not a basis for taking your license. Therefore, if being taken to a medical facility will delay a blood test beyond two hours, it could be to your benefit.
Everyone should be aware that the Roadside tests are voluntary. The "one leg stand," the "nine step heel-to-toe," reciting the alphabet or numbers, touching your nose and following a penlight with your eyes are all voluntary and in most cases should be refused.
The same rules apply as in alcohol-related offenses. However, instead of being asked to do a breath test, you can be required to give a urine sample.
Driver's License
This law makes the very fact of operating a motor vehicle under the influence of alcohol or drugs a CIVIL administrative law offense that subjects you to penalties for a PER SE VIOLATION and suspension of your license for 90 days for a first offense, 1 year for a second offense and a lifetime suspension for a third and subsequent offenses. You are entitled to an administrative hearing IF REQUESTED WITHIN SEVEN (7) DAYS of being charged or noticed by filing out a Request for Hearing form at your local Colorado Department of Motor Vehicle office. If you take a Breath test and the results are above .08, your license will be taken by the arresting officer and you will be given a written seven day notice. If you take a Blood test, you will be allowed to keep your license temporarily, pending receipt of the test results. Notice will be mailed to you at the address on your license or as filled in by the officer. Therefore, it is important to make sure YOUR CORRECT MAILING ADDRESS is placed on the forms or you file a correct change of address with DMV after your arrest. Notice of the hearing date will be mailed to you directly by DMV.
We represent you in Driver's License Hearings. These are presently conducted by telephone. Over the the years DMV has tried various programs to have flexible penalties for offenders. Currently, there is a first offender program that converts the 90-day license suspension to a 30-day suspension, with an additional five months of restricted license (to and from work). However, a hearing must be conducted as to your eligibility for this program.
Criminal Case
Most DUI arrests result in the person being held in jail until the officer determines you are sober and released (usually the next morning). Most DUI arrests will result in you being given a Summons with a Court date approximately six weeks in the future. This Court date is not a trial date, but is rather a First Appearance or Arraignment date. At this time, you will be advised by the Judge of the charges against you, the possible penalties and your legal rights to a trial. We recommend you contact an attorney as soon as possible before this date. If you need more time to hire an attorney, you will need to go to Court on that date and request more time from the Judge.
Penalties
The penalties on driving offenses vary with whether or not it is a first offense, the degree of intoxication and the charge to which you are found guilty. Generally, first offenses are eligible for probation without jail. These can vary by Judge. These penalties are amended by state statute from time to time.
Presently, the possible penalties include the following:
DUI, First Offense
- 1 year jail maximum; $1500 Fine + Court Costs
- 48 Hours Useful Public Service Minimum
- Alcohol Education Classes
- 12 Points Assessed Against Your Driver's License
DWAI, First Offense
- 6 Months Jail Maximum; $500 Fine + Court Costs
- 24 Hours Useful Public Service Minimum
- Alcohol Education Classes
- 8 Points Assessed Against Your Driver's License
There is mandatory jail time for the following:
- Second Offense - Seven Days Minimum
- Blood Alcohol above 0.20 - Ten Days Minimum
Generally there are additional penalties for each subsequent offense.
Our Approach
Our approach is to review and prepare every case as if it were going to trial. By doing so, we are in a superior position to advocate on your behalf. We first perform a thorough interview as to the details of the incident to determine: 1) did the police have reason to contact to you, 2) was there reason to require a chemical test, 3) did they have probable cause to arrest you, 4) did they perform the test correctly in accordance with Department of Public Health standards, and 5) were there mitigating physical or medical characteristics that you had that might effect the test results. We then obtain the complete police report and review it for legal and technical issues. Where appropriate, we send the second urine, blood or breath sample (that police are required to take and retain) for a retest.
After we obtain all of the above information, we review your options and alternatives. Then at Pretrial hearings we explore possible plea bargains with the District Attorney or motions to file with the Court, and finally, trial setting. |
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