DUI & DWAI

Colorado DUI & DWAI Attorneys

Providing Clients with Excellent Legal Counsel and Aggressive Representation

You or a loved one may have received a Summons and Complaint for a Colorado Springs driving under the influence (DUI). Being arrested or summoned for a DUI in Colorado can be intimidating. You may feel worried or scared about what will happen if you’re convicted. Indeed, license suspension can result in dramatic life changes that prevent you from having the transportation you need. You could also face hefty fines and jail time, which can impact your ability to take care of your family.

DUI and DWAI charges are serious and should not be taken lightly. That being said, it is possible to confront your DUI charges and even get your case lowered or dismissed with the help of a DUI lawyer. Knowledgeable Colorado DUI and DWAI lawyers like those at our law firm will understand what you’re facing and how to resolve the situation. A DUI attorney will explain Colorado’s DUI law so you will know why you were arrested and how to fight your charges.

With the help of a criminal defense law firm, you have much better chances of avoiding a conviction and moving on with your life. The crimes of DUI, DUI per se, and DWAI are generally misdemeanor offenses that may result in fines or jail time. Colorado has very strict DUI laws, and your case may be charged as a felony for repeat offenses or certain aggravating factors. It is especially important to have legal representation from an experienced DUI lawyer when you are facing aggravating factors like vehicular assault, repeat DUI, high BAC, or child endangerment. Your DUI attorney will investigate to uncover evidence that proves you don’t deserve maximum sentencing.

Please don’t feel like you have to take whatever sentencing the judge gives. You can take action now to protect your image and construct a defense that matches your unique situation. Call our criminal defense attorneys for a talented legal team that will combat your drunk driving charges and get you the most favorable results possible. You can reach us at 719-787-7453 to schedule a free consultation.

What Is the Difference Between DUI and DWAI?

Driving under the influence of mind-altering substances puts everyone on Colorado roads at risk. While laws regulating DUI and DWAI are rightfully stringent, there is also a stigma against drunk driving that can result in innocent people facing punishments they didn’t deserve. If you are facing DUI or DWAI charges in Colorado, you have the right to know why you’ve been arrested. A DUI lawyer like those at Kanthaka Group can help you understand the charges you’re facing by discussing your situation in a free consultation.

The main difference between DUI and DWAI is the person’s BAC. However, this one fact can change your entire case, including how you are charged, what your sentencing will likely be, and the severity of your penalties. Our Colorado DUI lawyers can seek justice by having your charges lowered whenever possible.

Colorado DUI

In Colorado, the legal limit for blood alcohol content (BAC) is 0.08%. This limit means that adults with over this level of alcohol in their system could be subject to penalties under DUI law. You could face additional penalties if you have a high BAC, such as 0.15% or higher. Please be aware that you could also face DUI charges for operating a vehicle while under the influence of mind-altering drugs, including marijuana, prescription medication, and some over-the-counter drugs.

Between DUI and DWAI, DUI is the more serious of the two crimes. It indicates that you were substantially inebriated, which could result in misdemeanor or felony charges. Contact our criminal defense firm for more information about your Colorado DUI, including how to fight these serious charges.

Colorado DWAI

Generally speaking, a DWAI is a step down from DUI in Colorado. The law recognizes that while it is illegal to drive while intoxicated, you can still present a danger to others on the road if you drive even while slightly impaired. If your BAC levels were between 0.05% and 0.08%, you could face DWAI charges.

Since DWAI is less serious than DUI, your penalties will not be as severe. However, a conviction is still going to show up on your criminal record, which will likely impact your ability to get employment, find housing, keep professional licensing, maintain your immigration status, and even keep custody of your children. You can defeat your DUI charges with the help of a skilled DUI lawyer. Call Kanthaka Group right away to learn more.

How Is DUI Defined Under Colorado Law?

DUI is defined in CO Rev § 42-4-1301(1)(f) as follows:

“Driving under the influence” means driving a motor vehicle or vehicle when a person has consumed alcohol or one or more drugs, or a combination of alcohol and one or more drugs, that affects the person to the degree that the person is substantially incapable, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.

Those who are under the legal age to drink will be charged with Underage Drinking and Driving (UDD) if they have a blood alcohol concentration (BAC) level from 0.02 to 0.05%.  Adults with a BAC of 0.05 to 0.079% will be charged with driving while ability impaired (DWAI), and those with a BAC of 0.08% and above will be charged with DUI.  Anyone with a BAC over .20 percent will be subject to more severe penalties.

DUI per se is driving a motor vehicle when a person’s BAC is 0.08 or more within two hours after driving. Reach out to a DUI lawyer at our law office for help understanding the charges that have been brought against you. We’ll explain your legal options in terms that are easy to understand so you can know what to expect during the legal process. 

What Are DUI and DWAI Penalties in Colorado?

DWAI is generally less severe than a DUI and is usually considered a misdemeanor in Colorado. If you are facing a DUI or DWAI charge, you need immediate help from an experienced attorney who has helped other clients in various DUI cases. Your defense attorney will prepare a defense strategy that helps you navigate the criminal justice system and avoid the worst punishments.

DWAI Penalties:

1st Offense DWAI in Colorado:

  • Two days – 180 days in jail,
  • A fine of $200-500,
  • 24-48 hours of useful public service
  • Eight points on your DMV driving record

2nd Offense DWAI may include:

  • Ten days – one year in jail
  • Fines of between $600-1500
  • 48-120 hours community service
  • Eight points on your driver’s record
  • License revocation of one year

Repeated DWAI offenses could lead to felony charges, such as time in state prison, license suspension, thousands of dollars in fines, and more. 

DUI Penalties

1st Offense DUI includes such penalties as:

  • Five days – one year in jail
  • Between 48-96 hours of community service
  • Fines of $600-1000
  • Nine-month license revocation
  • Mandatory alcohol or drug school

Repeat DUIs likewise have harsher penalties, including longer license suspension, more jail time, and higher fines. After your 3rd DUI, each subsequent charge may result in felony criminal charges. If your BAC is .20 or more, the court must impose a mandatory minimum of 10 days in jail. 

Don’t take the risk of defending yourself by hiring a defense attorney without the skill and experience necessary to defend you. Get maximum protection in your DUI case by calling our Colorado DUI lawyers for a free consultation.

What Are Colorado DUI & DUI Per Se Penalties?

Driving under the influence is generally a Colorado misdemeanor. Consequences of a Colorado drunk driving misdemeanor can include:

1st Offense DUI or DUI Per Se in Colorado:

  • 5 days – 1 year in jail
  • A fine of $600-1,000
  • Driver’s license suspension of up to 9 months
  • 48-96 hours of useful public service

However, if your BAC is 0.20% or higher, you will be designated a Colorado persistent drunk driver (PDD) and sentenced as a repeat DUI offender, even if it is your first offense.

2nd Offense DUI or DUI Per Se in Colorado:

  • 10 days – 1 year in jail
  • A fine of $600-1,500
  • Driver’s license suspension of up to one year
  • 48-120 hours of useful public service
  • Ignition interlock device for two years following license reinstatement

3rd DUI or DUI Per Se offense in any jurisdiction can lead to penalties of:

  • 60 days – 1 year in jail
  • A fine of $600-5,000
  • Driver’s license suspension of up to two years
  • 48-120 hours of community service
  • Ignition interlock device for two years following license reinstatement

Additional consequences of a Colorado misdemeanor DUI can include:

  • Court-mandated alcohol education classes
  • 12 points on your Colorado DMV driving record

What Are the Penalties for a Felony DUI in Colorado?

4th conviction for DUI, DUI per se, or DWAI becomes a class 4 felony. Consequences of a Colorado felony DUI conviction include:

  • A fine of $2,000 to $500,000
  • Two to six years in Colorado state prison
  • Three years mandatory parole
  • 90 days of alcohol monitoring
  • Two years of license revocation

You should also not forget the consequences that will continue after you’ve finished your prison term and paid your fines. You’ll face a life of great difficulty as someone with a felony on your criminal record. You could have great difficulty finding employment and housing, since potential employers and landlords often check criminal records. You could also have challenges maintaining family relationships, including keeping child custody in a divorce.

There is too much at stake to go it alone at this critical time. Reach out to our DUI defense team for an aggressive defense that protects you from the harms of a DUI conviction. We’ll ensure your rights are protected and that you get the best results possible.

Will My License Be Suspended Following My DUI?

If you are cited for DUI or DWAI, your license may be taken immediately, or you may later be notified by Colorado DMV of a license suspension in the case of a blood test showing your BAC was greater than 0.08%. You have just 7 days from the time of your arrest to request a Colorado or Colorado Springs DMV hearing.

Losing your license can significantly impact your life. You may need to find alternative transportation to work, school, and medical appointments. You’ll also lose out on the freedom of being able to go where you want when you want. The good news is that with the help of a DUI lawyer, you can recover your freedom by applying for a hardship license. You’ll greatly benefit from the help of a criminal defense team as you submit the proper application, fees, and other documents when seeking your hardship license in Colorado.

Contact our Colorado DUI lawyers if you or a loved one is facing charges for driving under the influence. We will help you through this complex legal process, including protecting your rights and freedom.

Can I Refuse a Breathalyzer Test in Colorado?

DUI convictions often come down to whether the person had a certain level of alcohol in their system. For one thing, your BAC could determine whether you face DWAI or more serious DUI charges. You could also have additional penalties for a high BAC of .15% or more. With the importance of accurate blood alcohol testing, it is understandable to wonder whether you should refuse a breath test when facing a DUI arrest.

It may be tempting to refuse breathalyzer testing, but this is usually not a good idea. Under Colorado law, you can refuse a breath test without penalty if you have not been arrested. However, individuals who are under arrest for DUI must comply with chemical testing, either by breath, blood, or urine. Refusing to submit to testing can result in license suspension that is added to your sentencing if you are convicted.

We understand that many of these tests are faulty. It is also common for police officers to not understand how to properly administer breathalyzer tests, field sobriety tests, and blood tests. For these reasons, faulty test results are a common defense in Colorado DUI cases. 

Our legal team will use our honed investigatory skills to prove whether your results were accurate. We’ll apply the evidence gained to show whether you were, in fact, inebriated or ability-impaired. This solid criminal defense can help you get your charges lowered or dismissed. Call now to speak with a knowledgeable DUI attorney at our law office for a free consultation. 

What Are My Rights During a DUI Arrest?

Being arrested can be traumatic and terrifying. Some people are so afraid that they comply with police officers’ instructions, including answering questions that could lead to accidental self-incrimination. On the other hand, others fight the arrest to the point of incurring additional criminal charges. Depending on how you handle your arrest, you could help or hinder your chances of a positive outcome in your DUI case.

It can be challenging to know how to act or respond when confronted with criminal charges like a DUI. This is where having a DUI attorney on your side is crucial. Your lawyer will know the best ways to react when arrested, including when and how to cooperate with the arresting officer.

For example, you should diligently protect your rights. For one thing, you have the right to remain silent. The law enforcement official should not pressure you to answer questions without speaking with a lawyer. If they continue to interrogate you, you may answer by saying that you are exercising your right to remain silent until you’ve had legal counsel. If your rights are violated during the arrest or investigation, your DUI attorney can rely on these facts to get your charges reduced or dismissed.

Alternatively, you should cooperate with the arresting officer to a certain extent. You must comply with chemical testing if you’ve been arrested. You should also go with the police officer and not try to fight the arrest. You simply can’t talk your way out of a DUI arrest, and trying to do so may make things worse for your case. The best course is usually to quietly and politely cooperate while demanding to speak with a criminal defense lawyer before answering any questions.

What Other Charges Could I Face in Association with a DUI Charge?

Criminal defense cases like DUI in Colorado can become highly complicated, especially when additional charges are brought against you. Many of these are considered aggravating factors, which means they could lead to increased penalties and more severe sentencing. In some cases, what would typically be a misdemeanor could result in felony charges that have a lasting, devastating effect on you and your family.

Some examples of additional charges associated with DUI in Colorado include:

  • Vehicular assault – If your reckless driving while under the influence resulted in severe bodily injury to another person, you could be charged with vehicular assault.
  • Vehicular homicide – Causing someone’s death while driving under the influence could lead to vehicular homicide charges, which are felony charges.
  • High BAC – A blood alcohol concentration of 0.15% or higher is considered a high BAC and may lead to additional penalties.
  • Child endangerment – Driving while ability impaired or intoxicated with a child in the car is considered a form of child abuse in Colorado and could increase your penalties.
  • Repeat DUI – If you are facing a fourth or higher DUI, your charge could be elevated to a felony, which may include additional severe penalties.

Don’t let your DUI charge destroy the life you’ve worked so hard to build. Contact our law office to learn what your charges mean and how to fight them. Call the Kanthaka Group to schedule your free initial consultation.

What Affect Will a DUI Conviction Have on My Life?

Many people focus on the jail time and fines that result from a DUI conviction. While these are the apparent consequences that come with a Colorado DUI, there are other important factors to consider. You may face financial strain, harmed family relationships, and reduced freedom if you are convicted of DUI in Colorado.

Some examples of repercussions of a DUI that go beyond the legal penalties include:

  • Deportation or loss of immigration status
  • Difficulty finding housing
  • Revoked professional licensing
  • Lack of employment opportunities
  • Loss of child custody and parental rights
  • Social stigma associated with drunk driving
  • Loss of driver’s license 
  • Mandatory ignition interlock use

These and other difficulties can make life after a DUI unbearable. However, you should not lose hope. With the help of a skilled DUI attorney, you can maximize your chances of getting your charges lowered or dropped altogether. Please don’t take your charges too lightly. Get the legal representation you need to fight your charge through a solid DUI defense provided by a defense attorney at our law firm.

What Strategies Are Useful in DUI Cases?

The exact legal strategy you use to fight your DUI will depend on many factors. For example, your defense will look different if you’ve had prior convictions, had a low or high BAC, or had other aggravating factors in your criminal case. Either way, DMV hearings can be stressful for individuals on trial and their families. You need a DUI defense that brings confidence and gives you the best chance of a positive outcome.

The following are some defense strategies our attorneys commonly use to protect our clients’ rights and driving privileges:

  • Failed breathalyzer, chemical, or field sobriety test – These tests are notorious for their inaccuracy, especially when police officers fail to correctly administer or interpret the results. Our legal team will fight to prove that you did not have a high BAC.
  • Reasonable doubt – The defendant is innocent until proven guilty, and if we can show that the prosecutor’s argument is flawed or lacks sufficient evidence, we can help you avoid a conviction or see a lower sentencing.
  • Illegal traffic stop – One crucial aspect of many DUI cases is showing that police officers lack probable cause and should not have pulled you over.

Don’t make the mistake of trying to come up with a defense on your own. Your case is unique and may not look like anyone else’s DUI proceedings. Reach out to our attorneys for legal representation and a strong defense that matches your unique circumstances.

Why Do I Need a Criminal Defense Law Firm when Fighting DUI Charges in Colorado?

With the complex court system and severe penalties of a DUI, it is imperative that you have a lawyer who understands the nuances of a Colorado DUI and is willing to provide the legal representation you need at this critical time. Our Colorado DUI lawyers are ready and willing to investigate your incident to uncover the truth about what happened. We’ll offer excellent legal counsel to help you make the best decisions possible in your case.

It can also be helpful to have a legal team to help resolve matters through negotiations rather than in court. The trial period can be costly and stressful, so hiring the right lawyer can minimize your costs and still get you the positive solution you need. If your case does go to trial, you can rest assured that your law firm is there behind you as a strong ally in your corner. DUI lawyers like those at our law firm will construct a defense that represents the truth about what happens and ensures you are treated fairly.

What Makes Your Criminal Defense Attorneys the Right Choice for My DUI?

Our trial lawyers know how stressful going to court can be. We’ll help you find creative solutions, including using a plea agreement when appropriate. We promise to do everything possible to avoid maximum sentencing. That includes taking your case before a judge or jury when necessary. Unlike other law firms, we are not afraid to handle DUI cases in court.

Our long list of satisfied clients shows that we are your ideal allies when facing DUI charges in Colorado. We know what makes the best defense when dealing with DUI charges, and we know how to win. We promise to leverage our skills, talent, honesty, and dedication to get you the best possible outcome, no matter what obstacles you face.

Furthermore, our law firm offers the unique benefit of providing representation based on mindfulness, honesty, and respect. We carefully consider each option rather than rushing through each case. We pay attention to detail and treat our clients as respected individuals regardless of their criminal charges. You can trust our team of attorneys to find practical solutions in difficult situations. Call now to learn how we can help you.

Should You Hire Our Colorado DUI & DWAI Attorneys?

DUI and DWAI cases are often handled quickly in Colorado. You should act fast to get the defense you need, whether this is your first DUI, repeat offense, or first DWAI. With our DUI attorneys on your side, you can proceed with confidence and hope for the future.

The prosecution will not wait to build a case against you. You must act quickly to begin your defense and seek a hearing with the DMV.  We invite you to contact our caring attorneys at Kanthaka Law for free consultation.  We will work with you to explore the best ways to defend against a Colorado DUI or DWAI.

We understand how stressful and complicated the Colorado criminal justice system can be. We promise to stand beside you at every part of the process so you can have the legal counsel and emotional support you need. We also know how difficult it can be to afford legal fees at this challenging time. This is why we offer a free consultation to our clients. We provide answers, hope, and respect in these consultations so our clients can move forward with confidence.

Call 719-787-7453 to schedule your complimentary case review with our caring, capable legal team today.