Colorado Springs DUI Attorney – Call Today (719)471-4791
Are you charged with Driving Under the Influence of Alcohol/Drugs (DUI) or Driving While Ability Impaired by Alcohol/Drugs (DWAI) in Colorado Springs? No judgment here. The Frady Law firm can help and guide you through every step in resolving your case. As a former Colorado Springs prosecutor with six years of experience handling criminal matters, Colorado Springs DUI attorney Marika Frady understands how DUI prosecutions in Colorado Springs work and can help you achieve the most favorable outcome possible for your specific situation.
Please note: The information on this page is not to be taken as legal advice. It’s best to schedule a consultation with an Colorado Springs attorney who can assess your case and its nuances. Contact Frady Law today at (719)471-4791 or firstname.lastname@example.org to schedule your Free Initial Consultation.
WHAT ARE THE RAMIFICATIONS OF A DUI OR DWAI CHARGE?
A drinking and driving conviction sets into motion three types of penalties:
1. Criminal – The District Attorney’s Office prosecutes DUI and DWAI cases. These are serious traffic offenses that stay on your criminal record. Prior convictions for alcohol related driving offenses can also greatly affect the plea bargain or plea agreement in your case. While you can appear without an attorney on DUI cases, you may benefit from having an experienced attorney on your side, protecting your rights and ensuring that you get the best deal on your case.
2. Administrative – The Department of Revenue and Department of Motor Vehicles may decide whether or not you can keep your privilege to drive. You may have a hearing in front of an hearing officer who, after hearing evidence (usually from an officer involved with the case), decides whether your license will be revoked and whether you will be required install an Interlock device. In many cases, by hiring an attorney to handle your DMV hearing, you do not have to attend the hearing at all, but instead your attorney may appear on your behalf. The Frady Law Firm has a record of success in DMV hearing.
3. Monetary – Expect car insurance premiums to skyrocket for quite some time after a DUI or DWAI conviction. You will likely be required to obtain specific SR-22 insurance, which will be expensive, but it will be a better outcome than not being able to drive at all.
WHY DID I GET CHARGED WITH 2 SEPARATE COUNTS OF DUI FOR THE SAME INCIDENT?
Don’t be alarmed. It’s perfectly normal that officers have written two counts of DUI on your ticket. The District Attorney can prosecute you based on one of two theories of Driving Under the Influence. One theory “DUI Per Se” is objective, based largely on the result of a chemical test of your breath or blood. The second theory is based mostly on the observations of the officer(s) involved and whether it appeared that your ability to operate a motor vehicle safely was substantially impaired by the use of alcohol or drugs or a combination of both. Under this theory, the District Attorney does not have to prove that your blood alcohol content level was at or above the legal limit of .08.
THE OFFICER NEVER READ ME MY RIGHTS. CAN MY CASE BE THROWN OUT?
Not likely. However, if the officer has restricted your freedom from movement in some way, such as putting you into handcuffs and/or sitting you in the locked backseat of a patrol vehicle AND the officer asks you questions likely to illicit an incriminating response without first advising you as to your Miranda Rights, then there is a chance that statements you make at that point may be “suppressed” or thrown out by the court. Suppressed statements cannot come into play at trial. However, other indications that you were driving drunk may still come into play, such as voluntary statements you offered up to the police without them asking and observations made by witnesses.
WHAT IS THE DIFFERENCE BETWEEN A DUI AND A DWAI?
Below are excerpts from section 42-4-1301 of the Colorado Revised Statues, offering some insight as to DUIs and DWAIS. Consult an attorney for the most updated information about the DUI/DWAI statutes.
The DUI & DUID Statute:
(1)(a) It is a misdemeanor for any person who is under the influence of alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, to drive any vehicle in this state.
(f) “Driving under the influence” means driving a vehicle when a person has consumed alcohol or one or more drugs, or a combination of alcohol and one or more drugs, which alcohol alone, or one or more drugs alone, or alcohol combined with one or more drugs affects the person to a 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.
(e) The fact that any person charged with a violation of this subsection (1) is or has been entitled to use one or more drugs under the laws of this state, including, but not limited to, the medical use of marijuana pursuant to section 18-18-406.3, C.R.S., shall not constitute a defense against any charge of violating this subsection (1).
The DUI “PER SE” Statute:
(2) (a) It is a misdemeanor for any person to drive any vehicle in this state when the person’s BAC is 0.08 or more at the time of driving or within two hours after driving. During a trial, if the state’s evidence raises the issue, or if a defendant presents some credible evidence, that the defendant consumed alcohol between the time that the defendant stopped driving and the time that testing occurred, such issue shall be an affirmative defense, and the prosecution must establish beyond a reasonable doubt that the minimum 0.08 blood or breath alcohol content required in this paragraph (a) was reached as a result of alcohol consumed by the defendant before the defendant stopped driving.
The DWAI Statute:
(b) It is a misdemeanor for any person who is impaired by alcohol or by one or more drugs, or by a combination of alcohol and one or more drugs, to drive any vehicle in this state.
(g) “Driving while ability impaired” means driving a vehicle when a person has consumed alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, which alcohol alone, or one or more drugs alone, or alcohol combined with one or more drugs, affects the person to the slightest degree so that the person is less able than the person ordinarily would have been, 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.
CAN I PAY MONEY TO GET OUT DOING COMMUNITY SERVICE?
If you are convicted of a DUI or DWAI in Colorado, statue requires community service in almost every instance. Be prepared to devote anywhere between 24 and 128 hours to completing useful public service.
Note: This information is subject to change per legislative updates. Contact a lawyer for the most current information.