Driving Under The Influence

A Law Firm that Understands DUI, DUID and DWAI Charges

If you have been arrested for drunk driving, your legal situation is urgent. Whether this is your first DUI/DWAI or a repeat offense, a prompt and aggressive defense strategy can mean the difference between a positive outcome and harsh negative consequences.

Colorado’s tough DUI laws just got tougher. As of January 2009, all drivers who lost their drivers license through the Department of Motor Vehicles for a .08 violation must install an ignition interlock on their car before they can get their driving privileges restored fully. This is just one more reason to call the Colorado Springs DUI lawyers as soon as possible.

We Look at the Big Picture

There are three prongs to a DUI case:

  • The criminal penalties — possible jail time, steep fines, probation, ignition interlock, alcohol classes and community service
  • The administrative Collateral consequences — higher insurance, the impact on employment or college and the public embarrassment

Criminal defense lawyers understand the DUI laws and the system – they know how to fight the charges to limit the damage. Their goal is to avoid a conviction and jail time whenever possible, by aggressively challenging the criminal case. They will work to try to find the police errors or factual circumstances that result in the dismissal of charges or lower penalties. They will take your case to a jury, if necessary. They also work to save your driver’s license or get it reinstated as soon as possible.

Drunk Driving in Colorado

  • DUI — Driving Under the Influence of alcohol is a criminal offense, punishable by jail. If your blood alcohol contact is .08 or more, you may be charged with Driving with Excessive Alcohol Content (DEAC). In other states, this is also called DWI.
  • Enhanced or Repeat DUI — There are steeper penalties at the Department of Motor Vehicles if your BAC is .17 or higher, or through court if your BAC is .20 or higher, or if you have had a previous DUI/DWAI.
  • DWAI — Driving While Ability Impaired is a lesser offense charged if your BAC is less than .08, but the officer observes signs of impaired driving. The penalties are less severe than DUI.
  • DUI -D — Driving Under the Influence of drugs (controlled substances or prescription medications) carries similar penalties to DUI.
  • Underage DUI — If you are under 21, you can be charged with a “baby DUI” if your BAC is .02 or more. This is a traffic violation (no jail) but still results in license suspension. If your BAC is .05 or .08, you will be charged with DWAI or DUI. If are convicted of Driving While Inability Impaired or DUI and you are less than 21, you will face a one year suspension of your driving privileges.
  • CDL Drivers — Anyone with a commercial driver’s license is charged with DUI at .04 BAC while driving a commercial vehicle. If you are convicted or lose your license through the Department of Motor Vehicles for an alcohol driving offense, you will lose your CDL for one year and your personal license can still be revoked for 90 days. This applies to commercial drivers even if they are driving a personal vehicle.
  • Chemical Test Refusal — If you refuse to give police a blood or breath sample for testing, your license will be suspended for one year with no chance of obtaining a provisional license.
  • DUS/DURDriving Under Suspension or Revocation of your license carries mandatory jail and an extra year of suspension.
  • DARP — Driving After Revocation Prohibited is an enhanced DUS/DUR charge that occurs after the Department of Motor Vehicles adjudicated you as a habitual traffic offender. This charge carries up to two years jail and a further suspension of your driving privileges.
  • Aggravated Driving Without a License — This is commonly referred to as a habitual traffic offender. This offense is a felony that can be charged if you are driving under the influence and you have been adjudicated a habitual traffic offender.

Moran & Heim serves clients in Colorado Springs, El Paso County and surrounding counties, including Army and Air Force personnel from nearby military bases. Call toll free at 866-919-3692 for a free initial consultation to learn your rights and how we can limit the impact of your drunk driving arrest. You can also reach us online.