Arapahoe County First Time DUI Lawyer

Colorado Criminal & Civil Hearings for First Time DUI

A DUI in Colorado will typically involve two separate legal proceedings:

• The criminal part that is concerned with prosecution
• The civil aspect that is concerned with the Colorado Department of Motor Vehicles (DMV) and revocation of the accused individual’s driver's license

Driving under the influence of alcohol means the accused driver had a BAC of 0.08% or higher. However, Colorado also recognizes “driving while ability impaired by alcohol” (DWAI), which typically requires a BAC of between 0.05% and 0.08%. A person can be convicted of DUI if he or she is “substantially affected by alcohol, drugs or a combination of the two,” or DWAI if the person is “affected by alcohol, drugs, or a combination of the two to the slightest degree.”

Need Help With Your DUI Case? Contact the Law Offices of Joseph A. Lazzara, P.C. at (720) 809-8262 for a free consultation today!

A first offense DUI conviction can result in the following consequences:

• Three-month suspension of driver's license
• Adding twelve (12) points to a driver’s license
• Alcohol abuse treatment program
• Use of an ignition interlock device
• Incarceration period of five days to one year
• Fines ranging from $600 to $1,000

Understanding DUI vs. DWAI in Colorado

In Colorado, DUI (Driving Under the Influence) and DWAI (Driving While Ability Impaired) are two different offenses, but both are related to driving under the influence of alcohol or drugs. Here’s what you need to know:

DUI (Driving Under the Influence):

• The legal limit for Blood Alcohol Content (BAC) is 0.08% or higher.
• A driver can also be charged with DUI if their driving ability is "substantially impaired" due to alcohol or drugs, even if their BAC is below 0.08%.

DWAI (Driving While Ability Impaired):

• This charge applies if a driver's BAC is between 0.05% and 0.08%, or if they are impaired by drugs or alcohol to the "slightest degree".
• A DWAI is considered a less severe offense compared to DUI but can still result in significant consequences.

Potential Defenses for First-Time DUI Charges

If you’re facing a DUI charge, there are several defenses your lawyer might use to challenge the case. Here are a few common ones:

Challenging the Traffic Stop:

• If the police officer did not have a valid reason to pull you over, any evidence obtained may be inadmissible.

Questioning Breathalyzer Accuracy:

• Breathalyzer tests can be faulty if not maintained or used correctly. Your attorney might challenge the results of the test.

Procedural Errors:

• If the officer failed to read you your rights, didn’t follow proper procedures, or mishandled evidence, your case could be weakened.

What to Do If You Are Pulled Over for DUI in Colorado

If you’re pulled over for a DUI check, staying calm and knowing what to expect can help protect your rights. Here’s a simple guide:

1. Pull Over Safely: When you see lights behind you, pull over to the side of the road as soon as it’s safe.
2. Stay Calm and Be Polite: Always remain respectful to the officer. Keep your hands visible and avoid sudden movements.
3. Provide Documents: You’ll need to show your license, registration, and insurance.
4. Field Sobriety Tests: You have the right to refuse field sobriety tests, but refusing may still lead to consequences.
5. Breathalyzer Test: If asked, you may be required to take a breathalyzer test. Refusing can result in a license suspension.
6. Know Your Rights: You have the right to remain silent and request an attorney. Don't say anything that could be self-incriminating.

By understanding your rights and remaining calm, you can help ensure a fair process during your DUI stop.

Law Office of Joseph A. Lazzara, P.C. First DUI Legal Counsel

Getting charged with DUI or a related offense is very serious, and if you are convicted, you could face very serious consequences. Hiring a Arapahoe County DUI lawyer right away is in your best interest. As a seasoned trial attorney, I have represented clients in criminal cases throughout my tenure. That’s why you should call the Law Offices of Joseph A. Lazzara, P.C.

I have argued cases in the various appellate courts in Colorado and have been instrumental in creating new law. Throughout the 25+ years I have been in practice, I have distinguished myself as a litigator by successfully representing thousands of individuals who have been arrested for alcohol-related crimes.

FAQ: Colorado DUI and DWAI Charges

• What is the difference between DUI and DWAI in Colorado?
  • DUI (Driving Under the Influence) occurs when a driver has a BAC of 0.08% or higher or is "substantially impaired" by alcohol or drugs.
  • DWAI (Driving While Ability Impaired) applies when a driver’s BAC is between 0.05% and 0.08% or when they are impaired to the slightest degree due to alcohol or drugs. DWAI is a lesser offense than DUI but still carries consequences.
• What happens if I refuse a breathalyzer test in Colorado?
  If you refuse a breathalyzer test in Colorado, your driver’s license will be automatically suspended for a minimum of one year, even if you’re not convicted of DUI. Additionally, the prosecution may use your refusal as evidence against you in court.
• Can I get a DUI if my BAC is below 0.08%?
  Yes, you can be charged with DUI if you are "substantially impaired" by alcohol or drugs, even if your BAC is below 0.08%. This means if your ability to drive safely is significantly affected, you can still face DUI charges.
• How can a DUI conviction affect my insurance rates?
  A DUI conviction in Colorado will likely lead to a significant increase in your auto insurance premiums. Insurance companies see DUI convictions as a sign of high-risk behavior, so they may raise your rates or even refuse coverage.
• Can a first-time DUI charge be reduced to a lesser offense?
  It’s possible for a DUI charge to be reduced, depending on the specifics of your case and the strength of your defense. Your attorney may negotiate for a reduction to a DWAI charge or seek other alternatives, such as probation or diversion programs.
• What should I do if I am arrested for DUI in Colorado?
  First, remain calm and polite with the arresting officer. You have the right to remain silent, so don’t provide any information that could incriminate you. You should request an attorney as soon as possible and avoid answering any questions without legal counsel.
• What are the penalties for a first-time DUI offense in Colorado?
  Penalties can include a 3-month driver’s license suspension, fines ranging from $600 to $1,000, alcohol education programs, potential jail time (5 days to 1 year), and installation of an ignition interlock device. The severity of the penalties depends on the circumstances of your case.

Facing DUI Charges in Arapahoe County? Don't wait! Call (720) 809-8262 now for legal assistance from a trusted DUI lawyer. Contact us now!