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Fighting Back Against DUI or DWAI Charges in Colorado
According to the Denver Post, approximately 26,000 Colorado men and women are arrested each year for drunk or impaired driving. 1 Far too many Colorado drivers have seen the flashing blue and red lights in the rearview window and wondered if the extra couple of beers shared with friends will cause them to lose their driver’s license, bring sky-high insurance rates, or maybe even cost them their job.
There’s no arguing with the fact that DUI (driving under the influence) and DWAI (driving while ability impaired) are serious offenses that necessarily carry heavy penalties. However, things are not always as they initially appear at roadside. If you are pulled over for suspicion of drunk or impaired driving, remember the tests you take are not infallible and police officers are human – they make mistakes. Only recently the Colorado news has been filled with stories about DUI blood samples erroneously processed by the lab. When so much is at stake, you need the aid of an experienced Colorado DUI attorney if you are ever charged with this life-altering crime.
With the help of a knowledgeable Colorado attorney, you can challenge a breath, blood, or field sobriety test. You can also challenge the reasoning behind your being pulled over in the first place. Law enforcement officers aggressively seek to dole out stiff penalties against drunk and impaired drivers. You need to protect your rights by securing capable legal representation, like that available to you through Robinson & Henry, Castle Rock, Colorado attorneys who are highly experienced in helping Coloradoans protect their rights when accused of DUI or DWAI.
The stakes are high with a DUI or DWAI arrest. Just consider the penalties imposed:
Offense Jail Time Fine Public Service
1st DWAI 2 days – 180 days $200 – $500 24 hrs. – 48 hrs.
1st DWAI—BAC 2.0 or above 10 days – 1 year (Min. 10 mandatory) $200 – $500 24 hrs. – 48 hrs.
1st DUI 5 days – 1 year $600 – $1,000 48 hrs. – 96 hrs.
1st DUI—BAC 2.0 or above 10 days – 1 year (Min. 10 mandatory) $600 – $1,000 48 hrs. – 96 hrs.
In addition to these penalties, there is the possibility of license suspension and points on your driver’s license that can make insurance premiums skyrocket or even result in your coverage being cancelled.
The best advice is to never drive if you’ve been drinking. But, if you ever find yourself pulled over and facing a sobriety or blood alcohol test, remember you can refuse to give the officer any information beyond your name and address, license, registration, and insurance. If you are asked if you’ve been drinking, you can courteously refuse to answer and let the officer know you wish to speak with your attorney. You can refuse a field sobriety test; however the police can use this against you in court. But remember, if you take the field sobriety test and fail it, they most definitely will use that information against you in court. You can also refuse to take a hand-held breath test, which is not deemed reliable by Colorado courts and therefore cannot be used against you in your trial. Do note that an unwillingness to take these tests can give the officers enough information to establish probable cause so they can arrest you for DUI.
If you are arrested, you will have to submit to chemical testing of your breath or blood to establish your blood alcohol content. If you refuse to take this test, your driver’s license will be revoked for one year. Colorado attorneys have successfully challenged the validity of blood alcohol test results in court.
It’s easy to see why you need the help of an attorney who will represent your interests and challenge the state’s evidence against you if you are ever arrested for DUI or DWAI. If you live in Denver, Littleton, Castle Rock, or the surrounding area and you find yourself in this difficult legal situation, contact the attorneys of Robinson & Henry at 303-688-0944. You don’t want to face DUI or DWAI on your own. We have the experience to bring your case to a satisfactory conclusion.