DUI & DWAI Defense in Denver

If you have been charged with a DUI or DWAI in the Denver area, having an experienced defense attorney on your side can make all the difference. We understand the serious consequences that these charges can have and we will fight diligently to protect your rights and your future. 

What’s the Difference Between a DUI and a DWAI?

Colorado law distinguishes levels of impairment while driving into two different categories: DUIs and DWAIs. 

A DUI (driving under the influence) is charged when a driver’s blood alcohol content (BAC) is .08% or higher. Colorado drivers can also be charged with a DUI for driving under the influence of marijuana or other drugs. Though recreational and medical marijuana are legal in the state, it is still illegal to operate a vehicle while under the influence. 

In Colorado, a DWAI (driving while ability impaired) is charged when an individual is under the influence and their ability to operate a vehicle is only slightly impaired. Typically, the threshold for a DWI is a BAC of .05% - .08%. Like a DUI, you can also receive a DWAI for being under the influence of marijuana or other drugs. Penalties for a DWAI are typically less severe than those for a DUI.

What are the Legal Consequences of a DUI or DWAI?

A first time DUI offense in Colorado can include jail time anywhere from 5 days to 1 year and up to $1000 in fines. It will also result in a 9-month license suspension and between 48-96 hours of community service. In some cases, an individual charged with a DUI may have to take a mandatory alcohol education program as well. 

Future offenses will have increased penalties, including longer jail time, higher fines, longer license suspensions, and more community service hours. 

For a DWAI, a first offense can result in jail time anywhere between 2 and 180 days, as well as fines up to $500. A first time offender may also receive anywhere between 24-48 hours of community service. In Colorado, there is no mandatory license suspension for a first offense, but points will be added to the driver’s record. Similar to a DUI, the penalties are also increased for any subsequent offenses. 

Aside from just legal penalties, a DUI can have lasting consequences for your personal life. A DUI on a background check is often a red flag for many employers conducting background checks, especially in driving-related jobs. It will also almost certainly result in increased insurance premiums. 

If you are charged with a DUI in the state of Colorado, you are required by law to have an Ignition Interlock Device installed in your vehicle for a minimum of 8 months. This device aims to minimize drunk driving by requiring the driver to test negative for alcohol before starting the vehicle. 

How Albani Law Can Help With Your DWI or DWAI Case

Albani Law has over 40 years of experience as a qualified criminal defense firm. A DUI or DWAI can have a lasting impact on your life and your personal record, and you need a determined and experienced attorney in your corner to help fight for your rights and preserve your future. Albani Law is well-versed in DUI and DWAI laws in Colorado and is prepared to defend your rights and secure the best outcome possible for your case. 

If you have been charged with a DUI or a DWAI in the Denver area, do not hesitate to reach out to Albani Law for a free consultation. Get in touch today to see how we can help turn a DUI or DWAI charge into an opportunity for redemption.

Frequently Asked Questions

If you're charged with a DUI in Denver, immediately seek a specialized DUI/DWAI defense attorney like those at Albani Law. Refrain from discussing the case with anyone other than your lawyer to avoid self-incrimination. Follow your attorney's advice closely, including on legal strategies and court appearances. This will help protect your rights, potentially reduce penalties, and navigate the complexities of DUI/DWAI laws effectively. At Albani Law, we have extensive experience in DUI cases and can guide you through the legal process.
In Denver, you have the legal right to refuse a breathalyzer test; however, Colorado's Express Consent Law means that such refusal can result in automatic penalties, including the revocation of your driver's license. This refusal can also be used as evidence of guilt in court. It's crucial to consult with a DUI/DWAI defense attorney to understand the implications fully and to strategize effectively in response to these penalties.
To get DUI charges reduced or dismissed in Denver, you might consider several strategies such as challenging the accuracy of the breathalyzer test, questioning the legality of the traffic stop, or demonstrating procedural errors. Hiring a knowledgeable DUI/DWAI defense attorney is crucial as they can effectively negotiate with prosecutors, potentially leading to reduced charges or a plea deal. Additionally, showing proof of rehabilitation or a clean driving record may aid in negotiating lesser penalties. Reach out to Albani Law to discuss your case and explore your legal options with our skilled team.
Hiring a DWAI defense attorney in Denver is crucial because we have the expertise to navigate the complexities of Colorado's specific alcohol and drug-related driving laws. An experienced attorney can challenge the evidence, such as the reliability of breathalyzer tests and the circumstances of the arrest, aiming to reduce penalties or even achieve a case dismissal. We also provide vital guidance through the legal system and can negotiate plea bargains, helping to protect your rights and potentially mitigating long-term consequences. For personalized legal assistance, contact us today.

Additional Information in Denver, Colorado

FirstTimeDriver.com - Colorado DUI Laws & Penalties: Comprehensive overview of DUI laws for minors in Colorado, detailing penalties for different levels of offenses, including Underage Drinking and Driving (UDD), DUI, and DWAI. It highlights Colorado's zero tolerance policy for drivers under 21, where penalties start at a lower BAC of 0.02%. This resource is helpful for DUI/DWI defense by informing minors and their attorneys about specific laws and penalties they face, aiding in legal defense planning and mitigation strategies. Understanding these nuances can be essential in crafting a defense or negotiating lesser penalties.
Colorado Department of Revenue - The DUI Administrative Process: Explains the steps involved if your driving privileges are at risk due to a DUI arrest. It covers how to request a Motor Vehicle Hearing, which can determine the status of your driving privileges independently of criminal court proceedings. The site also details the requirements for reinstating your driver's license, including the use of an Ignition Interlock Device, SR-22 insurance, and completion of alcohol education programs. This information is crucial for anyone facing DUI/DWI charges as it guides you through the administrative aspects of the defense process.
National Center for Drug Abuse Statistics - Alcohol Related Deaths: Detailed data on alcohol-related deaths, including specifics on incidents due to drunk driving, health issues, and homicides linked to alcohol use. The information can be critical for a DUI/DWI defense case, as it provides statistical context that could support arguments about the prevalence and impact of alcohol-related incidents. It could help in challenging presumptions or in negotiations for lesser charges based on wider trends and factual evidence.
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