DUI and DWAI charges can result in serious consequences that include losing your license, jail time, fines, and a permanent record. What you do in the first few hours following an arrest can set the course for how your charges will shape up. Driving under the influence (DUI) is something that must be looked at on a case-by-case basis. Will you lose your license for a DUI in Colorado? A first-time DUI offense in Colorado carries an automatic nine-month license suspension. However, it’s important to know that you have the right to contest your suspension at a hearing. While a DUI hearing is an administrative trial that is separate from a criminal trial, it’s still important to have proper legal representation.
A Colorado DUI defense attorney may be able to help you fight DUI charges using these common strategies:
- Investigating the integrity regarding how your field sobriety test was conducted.
- Investigating the accuracy of breath or blood testing equipment due to mishandling or defects.
- Reviewing your medical records to determine if there was a medical condition mimicking intoxication.
- Reviewing if a sobriety checkpoint was unlawful or unconstitutional.
What's the Difference Between DUI and DWAI in Colorado?
Driving while ability impaired (DWAI) is a different charge from DUI. Generally DUI applies when a person is found driving with a blood alcohol level of .08% or higher. DWAI charges typically apply when blood alcohol level is below that. Unlike DUI, a first-time DWAI offense will not result in an automatic license suspension in Colorado.
What to Expect After Being Charged With DUI in Colorado
If you are charged with a DUI in Colorado, the first step is something called an arraignment that is a short hearing where charges are formally filed against you. Next, there will be a pretrial conference that provides an additional opportunity for your defense attorney to negotiate with the prosecutor on your behalf.
Can DUI and DWAI Convictions Be Sealed in Colorado?
No, convictions for DUI and DWAI cannot be sealed in Colorado. It may also be possible for your lawyer to explore having convictions for underage drunk driving (UDD) and juvenile DWAI expunged from your record.
Is a DUI a Felony in Colorado?
A first-time DUI in Colorado is a misdemeanor offense. However, there are circumstances that can turn a DUI charge into a felony charge. Your DUI can be a felony if:
- You’ve had three prior convictions for DUI or DWAI.
- Your driving during the time of intoxication caused serious bodily harm. This is the charge of Vehicular Assault. § 18-3-205
- You caused a fatal auto accident. This is vehicular homicide. 18-3-106
While a DUI will not turn into a felony unless the certain criteria are met, DUIs can still come with jail time in some circumstances. First-time DUIs typically may not result in jail time unless your blood alcohol level was severely over the legal limit. A fourth offense can result in up to six years in prison with fines totaling $500,000. Any DUI past the first DUI can also result in the use of a mandatory ignition interlock device for two years after you’ve finished your license suspension.
Get DUI/DWAI Help in Colorado
Koziel & Lehr Law LLC can help if you’re facing DUI or DWAI charges in Colorado Springs, Denver, or the Denver Metro area. Our Denver law office will work hard to get your charges dismissed or reduced. As former defense attorneys, we understand the importance of coming to the table with the evidence and facts needed to draw the events of your arrest into question. Rest assured that we’ll work hard to investigate your charges to help you protect your rights using every possible option. Contact Koziel & Lehr Law LLC today to get help with figuring out your next step. Call to set up a consultation (720) 314-8750.