Anxiety And Shame Can Accompany First-Time DUI And DWAI

The anxiety, fear and shame that you are feeling after a driving under the influence (DUI) charge is normal and can be a healthy indication that you are willing to take this first DUI seriously. If your mind is racing with a million questions, you must consult your Colorado DUI lawyer immediately in order to give yourself the peace of mind that you deserve.

Jail Time

Jail can be a legitimate threat in certain cases. Fortunately, Colorado Revised Statute 42-4-1301 does not provide for mandatory jail sentences on first-time DUI and DWAI (driving while ability impaired) convictions. Rather, Colorado law says there is a presumptive jail penalty of between five days and one year in the county jail if convicted of a DUI. Even if you are facing a lesser charge of DWAI, you still face between two days to six months in the county jail.

Your blood alcohol content (BAC) can have a significant impact on the possible penalty you may face. In the state of Colorado, you face a mandatory minimum of 10 days in jail if your BAC is more than .20%. This mandatory minimum 10-day jail sentence applies even if it is your first-time DUI.

Innocent Until Proven Guilty

You are innocent until proven guilty beyond a reasonable doubt by the prosecution. In simple terms, that means it is the DA’s obligation alone to prove the case. It is more than knowing someone is guilty but rather proving someone guilty. Your constitutional rights absolutely hold that you are innocent until proven guilty.

DUIs are very scientifically involved but are not foolproof. A knowledgeable DUI lawyer from Hernandez & Associates, P.C., will be able to attack the evidence in your case with surgical precision. We can identify the issues that could make the difference in your DUI case. Moreover, we have the litigation experience to know how to use the Rules of Evidence and Criminal Procedure to your advantage in front of any judge or jury.

Don’t gamble with your future by walking into the court system without fully knowing the strengths and weaknesses of your case. Contact a skilled DUI attorney at Hernandez & Associates, P.C., immediately.

“Useful Public Service” And Fines

If you are convicted of a first-time DUI, you will be required to perform between 48 and 96 hours of community service. If you are facing a lesser DWAI, you will be facing between 24 and 48 hours of community service work.

Your total court bill is comprised of several components. A good formula to help determine approximately how much you are realistically facing is: Court Fine + Court Costs + Probation Costs + Cost of Classes = Approximate Total Cost.

If you are convicted of a DUI, the maximum court fine is $1,000. The maximum court fine for DWAI is $500. All other costs may vary depending on the jurisdiction or circumstances of your particular case.

Answers To Frequently Asked Questions About DUI And DWAI Charges

If convicted of a first-offense DUI, you could face penalties including:

• Fines between $600 and $1,000
• Incarceration lasting between five days and one year
• Suspension of your driver’s license for up to nine months

As mentioned above, you may also be required to complete as much as 96 hours of community service and attend alcohol education classes.

For a first-time DWAI, the penalties are slightly less severe, with fines from $200 to $500, possible jail time from two to 180 days and a potential license suspension.

Can I drive after being arrested for a DUI or DWAI in Colorado?

After being arrested, your license may be temporarily suspended, especially if you were accused of refusing a chemical test (often a breathalyzer) or having a BAC at or above .08%. However, you have the option to request an administrative hearing with the Division of Motor Vehicles to challenge the suspension. If granted a temporary permit, you may be allowed to drive under specific conditions until your hearing date.

Can I refuse to take a breathalyzer test if I’m stopped for a DUI or DWAI in Colorado?

Colorado law follows an “express consent” rule, meaning by driving in the state, you agree to submit to a chemical test if suspected of DUI or DWAI. Refusing a breathalyzer will likely trigger immediate license suspension and additional penalties. This suspension would apply regardless of whether you were ultimately charged with or convicted of a drunk driving offense.

How long does a DUI or DWAI stay on my record in Colorado?

A DUI or DWAI conviction in Colorado will remain on your criminal record permanently. It cannot be sealed or expunged. The impact it has on your driving record may lessen over time, but it can still influence future charges and penalties for any subsequent offenses.

How can an attorney help me if I’m charged with a first-time DUI or DWAI in Colorado?

An attorney can provide valuable guidance by reviewing the details of your case, identifying any errors or procedural deviations police might have made, and exploring potential defenses. They can also negotiate with prosecutors on your behalf, aiming to reduce charges or penalties and represent you in court to ensure your rights are protected.

Even if you want to take responsibility for a mistake or a bad decision by pleading guilty, it is still in your best interests to work with an attorney. The plea deal or reduced charges a good defense attorney can obtain is likely to be far more favorable than anything you could negotiate on your own.

When Selecting An Attorney, Reputation Matters

As the saying goes, “It is not always what you know but who you know.” The trial-tested Colorado DUI lawyers at Hernandez & Associates, P.C., have taken a multitude of cases to trial all the way through verdict in most metro-area courthouses.

The experience of our Colorado DUI lawyers has earned us a respected reputation from our adversaries, judges and colleagues. In simple terms, for those who know us also know several key things that will make all the difference in your DUI case. We don’t play games, we don’t cut corners, and when we walk into your courtroom we are all business. Call our Denver office to speak with experienced DUI counsel at 303-536-5134. You can also email our office.

The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this website or any of the email links contained within the site do not create an attorney-client relationship between Hernandez & Associates, P.C., and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.