DUI & DWAI Defense in Denver

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.

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.