If you have just been involved in a DUI or DWAI arrest, you are probably feeling confused and angry at the recent events and anxious about what is to come in the near future. At Peter Loyd Weber & Associates, we are here to help you through this very difficult time while helping you keep your life intact.
Contact us for a free phone consultation at (720) 863-7755 and find out how we can help you keep your life intact today. Please also look at our Criminal Defense Blog for recent updates on legal activity in Colorado. Visit our page of Frequently Asked DUI Questions here.
Other Considerations in DUI and DWAI cases include, but are not limited to:
The DUI or DWAI conviction will appear on your driving records. Your driving record is used by insurance company when assessing your insurance application or renewal. Your DUI conviction may lead your insurance company to consider you a high risk driver which leads to increased rates. Many times a SR-22 form filing is required. This form states that you will maintain the required amount of insurance for a set period of time.
Suspension of Driving Privileges
Colorado has an express consent law, which means it is presumed an actor suspected of driving under the influence consents to a Blood Alcohol Content Test. The following chart can be found here.
If your chemical test was 0.170 or higher, or if you have repeat alcohol offenses, you will be required to have interlock ignition device for 2 years following reinstatement.
Rehabilitation / Treatment Programs
Seeking treatment immediately following your DUI can be beneficial to you both personally and legally. Treatment options range from inpatient clinics and outpatient treatment to DUI classes. Click here for a list of treatment facilities in the area.
Habitual Traffic Offender
If you are convicted of 3 or more qualifying offenses, which include DWAI, DUI, driving under suspension or revocation, and reckless driving, in a 7 year period (from violation, not conviction). If you are found to be a Habitual Traffic Offender, your license will be revoked for 5 years.
Restricted Driving Privileges
A DUI Conviction can lead to a suspension of driving privileges. After the suspension ends, restrictions may be placed on your license requiring an interlock device. Additional restrictions may be applied if the driver was under 21 at the time of the offense.
Interlock devices require the driver to provide a clean breath sample before the vehicle will start and periodically while driving. These devices are installed at the offender’s expense and are often a requirement of reinstated driving privileges.
The Court may sentence an offender to probation. During the sentencing, the court will define the terms and conditions of probation; this may include scheduled meetings, random alcohol test among other requirements.
Useful Public Service
A first offense DWAI offender can be sentenced to 24-48 hours of useful community service. A first offense DUI can be sentenced to 48-96 hours. Public service can be completed at most volunteer organizations, but checking with the court first is recommended.
The court may order restitution if there were damages because of the crime. Restitution is repayment to the victim ordered by the court. The court will determine an amount and the offender will begin payments after their statutory fine has been paid.
It is essential that you seek the assistance of a qualified attorney to be YOUR Advocate, since the District Attorney will be representing The People and be pursuing the charges against you. Neither the police nor the District Attorney are on your side.
Your rights include, but are not limited to:
Unequivocally ask for YOUR Attorney.
Enter a Plea of Guilty or Not Guilty.
You can refuse to take a chemical test, but be aware that refusal to take a test is both admissible in court and a basis for revocation of a driving privileges.
As of July 1, 2010, Colorado DUI and DWAI penalties have become even more harsh as a result of the passing of HB10-1347.
As a result of these laws, multiple offenders have little chance of avoiding jail time and will most likely have additional consequences relating to probation.
Even first time offenders can face jail time under these laws. An attorney who is willing to be an advocate for your rights even on a first offense can make a big difference, especially should you receive a second or third offense.
At the Law office of Peter Loyd Weber & Associates we will be there for you through every step of the process. We are here to inform our clients of their rights, and we are here to help our clients achieve the best possible outcome in their legal proceedings. Contact us for a free phone consultation at (720) 863-7755 to see how we can help you today.