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Colorado Springs DUI and DWAI Attorney

 

DUI/DWAI

The consequences of a DUI or DWAI charge can be overwhelming, especially considering what is at stake. You could be facing potential time in incarceration, large fines, mandatory alcohol or drug rehabilitation, a long-lasting criminal record, and the loss of your driver’s license, not to mention the embarrassment that could follow if family, friends or your employer learns of the charge. The Colorado Springs DUI lawyers at Deere Law, LLC can help you know and defend your rights, and guide you through the complex legal process.

Understanding Colorado DUI and DWAI Laws

A proper defense of your case begins with a solid understanding of the charges against you. Those charges and the potential fines and penalties vary greatly depending on whether you were charged with a DUI or a DWAI. A charge of DUI (Driving Under the Influence) generally means that a police officers found you to have a BAC (Blood Alcohol Content) of .08% or higher. The lesser charge of DWAI (Driving While Ability Impaired) requires only a BAC of .05% or higher, but carries lower fines and penalties. It should be noted, however, that if you are under 21, you can be charged with a DUI or DWAI with a BAC of only .02%.

As of 2011, Colorado requires those convicted of a second DUI to serve a mandatory minimum of 10 days in jail, and a mandatory minimum of 60 days for a third time offender, as well as all subsequent offenses.

Fines and Penalties for DUI Convictions

First-Time DUI

If you are convicted of your first DUI, you will be subject to the following fines and penalties:

 

Second-Time DUI

If you are convicted of your second DUI, you will be subject to the following fines and penalties:

 

 

 

 

Third-Time DUI

If you are convicted of your third DUI, you will be subject to the following fines and penalties:

 

 

 

 

Fines and Penalties for DWAI Convictions

First-Time DWAI

If you are convicted of your first DWAI, you will be subject to the following fines and penalties:

 

Second-Time DWAI

If you are convicted of your second DWAI, you will be subject to the following fines and penalties:

 

 

 

Third-Time DWAI

If you are convicted of your third DWAI, you will be subject to the following fines and penalties:

Note: Colorado law looks back 10 years to determine whether you have had a prior DUI or DWAI.

 

Is it possible to reach a Plea Agreement with the prosecution in my case?

In some cases, it may be in your best interest to try and negotiate with the prosecutor to try and arrive at a mutual agreement, called a “Plea Deal” or a “Plea Agreement.” The determination of whether you should agree to a plea offer from the prosecutor will depend on several factors, including the evidence against you, an analysis of the fines and penalties being offered versus the maximum possible in your case, and your willingness to risk going to trial.

Often the skill and experience of an attorney can assist you to obtain the best possible plea offer from the prosecutor. Such a plea offer may include lowering a DUI to a DWAI, or to that of reckless driving.

Can I escape a DUI charge by refusing to take a Breathalyzer test?

The short answer is No. Colorado has a law called the “Express Consent Law”, which states that by obtaining a driver’s license in Colorado, you have automatically agreed to allow law enforcement to administer a test of your breath, urine and blood if suspected of driving under the influence. You can refuse to take the test, but by doing so, your license will automatically be revoked for one year. If you refuse a second time, your license will be revoked for one year, plus a second year with an ignition interlock device. If you refuse a third time, your license will be revoked for one years, followed by two years with an interlock device. In addition, you can still be convicted of the DUI or DWAI with all of the applicable fines and penalties.

DUI and DWAI cases can be complicated with significant consequences, and should be discussed thoroughly with an attorney. Call us today at (719) 347-1199, or email us, to find out why DUI attorney Josh Deere at Deere Law, LLC has received an AV Preeminent® Peer Review Rating from Martindale-Hubbell®, the highest an attorney can receive for legal skill and ethics; a Superb, 10 out of 10 rating and a “Client’s Choice” award from Avvo, a national lawyer rating service; and a Colorado Springs’ TOP ATTORNEYS award by Colorado Springs Style Magazine.