DUI Case Ends with Reduced Charges and No License Suspension

Robinson & Henry’s knowledgeable attorneys give their professional insight in “From Our Perspective” where we take a closer look at successful outcomes achieved for our clients. 

In this episode, Robinson & Henry Criminal Defense Senior Associate Adam Pienciak discusses a case where he negotiated a reduction from DUI to the lesser offense of Driving While Ability Impaired (DWAI). 

While every DUI case is different, this outcome demonstrates that an arrest does not necessarily determine the final result. With quick action, a proactive defense strategy, and experienced negotiation, it may be possible to minimize the long-term impact of a DUI charge.

Past results afford no guarantee of future results; each matter is different and must be judged on its own merits. Facts are those of an actual Robinson & Henry criminal defense case. 

For one Colorado woman, the decision to drive after drinking resulted in a DUI arrest. After law enforcement stopped her, the woman agreed to a blood test. The results showed her blood alcohol concentration was just under 0.20, more than double Colorado's legal limit of 0.08.

In Colorado, even a first-time DUI conviction can carry significant penalties, including up to one year in county jail, probation, fines, alcohol education requirements, and the suspension of driving privileges. 

"Our client was facing potential jail time and up to two years, realistically, of probation," Pienciak explained.

While every case is different, he said many people underestimate just how quickly the legal process begins after an arrest.

One of the biggest mistakes people make after a DUI arrest is waiting to speak with an attorney.

Pienciak said there are important opportunities available in the first few days that can influence the outcome of a case. 

“The amount of mitigation a client does, and how quickly they do it, can make a huge difference," he said.

That mitigation can include:

• Enrolling in alcohol education classes

• Beginning treatment if appropriate

• Completing community service

• Demonstrating accountability before negotiations begin

These steps show prosecutors that the individual is taking the situation seriously and is committed to preventing it from happening again.

“Our job is to put you in a position where we can go to the DA and say, hey, this person's an outlier,” Pienciak said. “They've done ten classes already. They've gone to community service. They're taking this seriously. Those types of things, when it comes to negotiating with the DA to try to get the best deal possible, are critical.”

Many people assume a DUI only involves criminal court. In reality, Colorado DUI cases involve two completely separate legal proceedings:

• The criminal case, held in county or district court.

• The administrative driver's license case, handled by the Colorado DMV. It determines your driving privileges, whether your license is suspended, revoked, or reinstated.

These cases operate independently of one another.

“The DMV is able to restrict or suspend your license independently of what a judge decides in a criminal case,” Pienciak said.

Drivers typically have only about a week after their arrest to request a DMV hearing. Missing that deadline can result in an automatic suspension of driving privileges.

Because the deadlines are so short, Pienciak encourages anyone arrested for DUI to seek legal advice immediately rather than waiting to see how the criminal case unfolds.

Despite the challenging facts of this case, Pienciak negotiated a significantly improved outcome for his client.

Instead of being convicted of DUI, she pleaded to a lesser offense of Driving While Ability Impaired (DWAI). This distinction made an important difference.

Unlike a DUI conviction, a DWAI does not automatically trigger a driver's license suspension through the criminal court process.

At the same time, the separate DMV case was ultimately dismissed.

The result:

• Reduced criminal charges

• No automatic driver's license suspension

• The DMV did not revoke her driving privileges

• Probation without losing the ability to drive

For someone who relies on driving for daily life, preserving her license was one of the most significant victories in the case.

Pienciak, a former Colorado public defender, said public defenders provide valuable legal representation in criminal court. However, there is an important limitation that many people don't realize: Public defenders cannot represent clients at DMV hearings because those proceedings are civil, not criminal.

That means someone represented by a public defender may still need to navigate the driver's license process on their own.

DUI defendants who hire private counsel can often have their attorney handle both the criminal defense and DMV proceedings, helping protect driving privileges while defending against criminal charges.

The internet offers countless articles about what to do after a DUI arrest, but Pienciak said every case is unique.

"The information online isn't always consistent," he said. “You need someone who's experienced in this area of the law to help you maneuver through all of this, to make sure you don't lose your license.”

Between strict DMV deadlines, criminal court proceedings, negotiations with prosecutors, and opportunities to strengthen a case through early mitigation, everyday matters.

For anyone facing a DUI charge in Colorado, consulting an experienced criminal defense attorney as soon as possible can help preserve important legal options and protect both your rights and your ability to drive. 

Taking action early can put you in the strongest possible position to move forward. Contact Robinson & Henry for a consultation and protect your future. Book online or call 866-932-0646.

Read this video’s full transcript:

Question: Adam, tell me more about what happened to your client and the consequences she was facing.

Adam: Our client was out one night with some friends at a bar. Like many of us have done. She had too many drinks, I think, to drive.

Ultimately, she ended up giving blood. The result came back more than double the legal limit at that point. DUI first in Colorado, you can face up to a year in the county jail.

In this particular case, while she was under the 0.20, her BAC (Blood Alcohol Concentration) was quite high, so she was facing potential jail time as well as up to two years realistically of probation.

Question: Why were the educational classes so important in this case?

Adam: If someone hires an attorney right away, we can instruct them on what classes to do, where to do community service. Different things to sign up for. That puts them in a positive light for when the DA is reviewing the case. 

Our job is to put you in a position where we can go to the DA and say, hey, this person's an outlier. They've done ten classes already. They've gone to community service. They're taking this seriously. Those types of things when it comes to negotiating with the DA to try to get the best deal possible are critical,

Question: The DMV hearing is another important part of this case. What should people know about that part of the process?

Adam: They live in two different worlds. The DMV is able to restrict or suspend your license independently of what a judge decides in a criminal case. 

Typically when you're charged with DUI, you have a very short window to request a hearing with the DMV. It's usually about a week. If you miss that window, you are conceding that the DMV can suspend or revoke your license.

Question: Ultimately, what was the outcome of this case? 

Adam: In this particular case, despite the blood alcohol content being just under a 0.20, we were able to secure a DWAI (Driving While Ability Impaired) conviction for this client. DWAI is a lesser version of DUI in Colorado.

The huge advantage of a DWAI is that it does not automatically suspend your license. This client was able to keep her license through the criminal court case. Additionally, the DMV case was ultimately dismissed.

Question: And what's the biggest mistake you see from people who are charged with a DUI before they talk to an attorney?

Adam: I would say the biggest mistake people make is waiting to consult an attorney, especially because of the way the DMV operates and how quickly they move.

Question: You are a former public defender. Obviously, they have great attorneys working in the public defender's office. But what does this case teach about the importance of hiring a private criminal defense attorney if someone can afford it?

Adam: It's really important to know that public defenders in the state of Colorado are not allowed to represent you at a DMV hearing.

If you if you have a public defender and you may be very satisfied with the work that they're doing on the criminal case, the DMV civil side of things may be left out there, and you may end up losing your license or getting your license suspended, even if there's a good result in the criminal case because of the fact DMV side of things is completely different than in the criminal court.

Question: Adam, for anyone who's been charged with a DUI and isn't sure what to do next. What advice would you give?

Adam: If you're charged with a DUI? And I think because there is so much literature out there, it is tempting for people to Google what to do once you get a DUI. 

The information out there is not consistent. You need someone who's experienced in this area of the law to help you maneuver through all of this, to make sure you don't lose your license.