DUI & DWAI Defense in Denver

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Defending Your Rights: Navigate DUI Cases with Suro Law

In the state of Colorado, it is illegal to operate a vehicle while you are under the influence of alcohol and/or drugs. If you are found with a blood alcohol content (BAC) of 0.08% or higher, you can be charged with a DUI.
Many defendants in DUI cases are under the impression that these charges are easy to fight in court and choose to represent themselves. We urge you to seek legal representation instead. DUI charges can end in points on your license, license revocation or suspension, substantial fines, and increases in your insurance premiums, not to mention the time and energy you lose trying to resolve the issue.
If you are navigating DUI charges in Denver or a surrounding county, contact Suro Law today. We understand that these situations are overwhelming and complex, and we will support you every step of the way.

DUI in Colorado: Factors That Can Impact Your Sentence

The severity of DUI sentencing in Colorado varies depending on several different factors, including, but not limited to:
  • Whether or not the incident is a first offense
  • The defendant’s blood alcohol content (BAC)
  • Whether there were injuries or accidents that resulted from the incident
  • Whether there was reckless driving involved
  • Any steps the defendant has taken since the arrest to address both the alcohol/drug use and the situation at hand (i.e. alcohol education courses or demonstrations of remorse)
With each successive DUI/DWAI conviction on one’s record, the penalties become more severe. These penalties can include hefty fines, time in jail, probation, community service, alcohol education classes, and license revocation.

DUI vs. DWAI: Is There a Difference?

DUI stands for driving under the influence; DWAI stands for driving while ability impaired. In the state of Colorado, DWAI is a slightly less serious charge than DUI; you can be charged with DWAI if your BAC falls in between 0.05% and 0.08%.

While DWAI charges are less severe, they still come with their fair share of consequences and should not be taken lightly. Penalties can include fines, community service, probation, license suspension, or even jail time. If you are facing DWAI charges in the Denver area, contact Suro Law today for help on your case.

Frequently Asked Questions (FAQs) About DUI Charges in Colorado

If a law enforcement officer pulls you over under the suspicion of drunk driving, you’ll want to do the following.

  1. Remain Calm. Avoid sudden movements and keep your hands visible.
  2. Cooperate with the Officer. Provide your license, registration, and any other documents upon request.
  3. Testing. In Colorado, you automatically consent to breathalyzer and blood tests when you get behind the wheel. However, you are NOT required to perform field sobriety tests, so you can politely decline if asked.
  4. Be Mindful of Your Statements. Statements made at the scene can be used against you. It’s advisable to limit your responses and wait until you have legal representation to provide a detailed statement.
  5. Request an Attorney. If you are taken into custody, assert your right to an attorney immediately. You have the right to legal representation during any questioning.
Refusing a breathalyzer or drug test in Colorado can lead to automatic license suspension. The state operates under an implied consent law, meaning that by obtaining a driver’s license, you implicitly agree to submit to chemical tests if suspected of DUI. Refusal may strengthen the case against you, and legal representation becomes crucial to navigate these complexities.

Marijuana might be legal in Colorado, but driving under the influence of this drug is not. The state has established a legal limit for the psychoactive component in marijuana, THC (tetrahydrocannabinol), in a driver’s bloodstream. If your blood test reveals a THC concentration of 5 nanograms per milliliter or more, you can be charged with DUI.

It’s important to note, however, that THC affects individuals differently based on factors such as tolerance, metabolism, and frequency of use. Therefore, someone might be impaired below this legal limit, while others may not be impaired above it.

Defending against marijuana-related DUI charges requires a nuanced understanding of the substance’s effects and the ability to challenge the accuracy of testing methods. It’s crucial to consult with an experienced attorney to navigate the complexities of marijuana-related DUI cases effectively.

Colorado has a zero tolerance policy for underage drinking and driving. This means that any detectable alcohol in the system of a driver under the age of 21 can result in underage drinking and driving (UDD) charges.

A first-time UDD charge is not considered a crime, but rather a traffic infraction; however, subsequent charges are deemed misdemeanors and will elicit more serious penalties. In addition, note that if the underage driver has a BAC of between 0.05% and 0.08%, they will be charged with a DWAI; if their BAC is above 0.08%, they will be charged with a DUI. UDD charges are only applicable in cases where BAC is below 0.05%.

There are two scenarios in which DUI charges can become a felony situation: (1) you have committed 3 or more prior DUI-related offenses or (2) someone was seriously injured or killed as a result of you driving under the influence. 

Penalties for felony DUI can vary significantly depending on the circumstances, but they will typically include fines and/or prison time, license revocation, and 90+ days of alcohol monitoring if you are granted probation.

Why You Should Reach Out to Suro Law to Handle Your DUI or DWAI Case

Choosing the right legal representation is crucial in DUI and DWAI cases. Suro Law brings a wealth of experience in handling these charges, providing strategic defense, negotiating with prosecutors, and advocating for the best possible outcome.
Once you contact us, we will begin by analyzing your case and discussing the options available to you. Our team will review all of the evidence, including blood alcohol tests, police reports and witness statements, to eliminate or limit negative outcomes. Reach out today to get started.

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