Denver DUI Laws Are Strict
… And pros are working right now to use those laws to put you away
Do you know the DUI law you’re being charged with violating?
Do you know the subtle and complex nuances that could make a very big difference to your case… such as the difference between probation and jail time?
Between a six-day jail sentence and a full month – or longer?
Do you know the subtleties of science that could truly make the difference between a brief loss of your driving privilege and a lengthy loss?
The professionals in the legal system are counting on your ignorance of the law, and of the all-important science, to make things easy for them.
At DUI Law Firm Denver, we know the law inside and out.
And we have unique and precise knowledge of the science the other side is using to try to take away your license and land you in jail.
DUI Laws in Denver and Colorado
Here’s a sample of what you may be up against:
Blood Alcohol Content (BAC) – The Science They’re Using Against You
- The law enforcement officer who stopped you likely asked you to submit to a test of your breath or blood. With luck, you refused these tests… but if you didn’t, the results of these tests will form the foundation of the prosecution’s case against you.
- You should know that these tests are not perfect… and that, in many cases, mistakes are made in the conduct and interpretation of these tests. Mathematical formulae are applied to the sample results to make a scientific guess about the amount of alcohol in your bloodstream at the time you were pulled over… but, if they get the math wrong, their guess can be wrong, too. It’s a scientific guess… but it’s still a guess. If you don’t know the science well enough to challenge that guess, we can help you – because we do.
- If the prosecution can prove you had alcohol in your blood when you were pulled over, you will have consequences to face:
DWAI: “Driving While Ability Impaired”
- Even if you only drank enough to be impaired by the “slightest degree” – meaning you are not as capable behind the wheel as you normally would be – you face consequences. Possible loss of reputation, freedom, employment, time, and of course, money.
- DWAI is considered a “lesser charge” – but what most people don’t know is that it’s possible to suffer the same penalties for DWAI as for DUI. The courts have wide discretion. If you can’t challenge the science they’re using to try to prove that your BAC level was what they say it was – even if it’s a relatively low BAC level – they might throw the book at you.
DUI: “Driving Under The Influence”
- If the prosecution has a test result that shows a higher BAC (and, again, if you can’t challenge that test result), you’ll be charged with DUI. The charge is that you drank enough not only to be less capable than you normally would be (as with DWAI), but to be “unable” to operate a vehicle.
- If it’s your first offense, you may or may not go to jail… sometimes the court will offer home detention, probation, or a combination of these with a reduced or deferred jail sentence.
- You’re likely to be assigned to community service, and to take substance-abuse classes. This might require more than a hundred hours of your time.
- There will be fines to pay – often stiff fines.
- And don’t forget the court costs.
- It’s possible to get a work release while you’re in jail, so you can go to your job… but it’s also possible you won’t get one. And even if you do, there may be consequences to your employment. That’s up to your employer.
Where your specific penalties will fall within those ranges will depend on the strength of your defense.
Very-High BAC: Get Ready To Serve Time
- In cases of very high blood-alcohol content (a level more than twice the minimum threshold for DUI), the convicted perpetrator is headed to jail.
- Jail sentences are mandatory for DUI convictions in which the prosecution proved the perpetrator’s BAC was over 0.20.
- For comparison, the threshold for DUI is 0.08, and for DWAI, 0.05.
Repeat DUI Offenses
- As you might imagine, if you get a second DUI charge – or three or more – the penalties get stiffer.
- Jail time is mandatory for a repeat offender.
- In some jurisdictions, the minimum sentence could be as low as ten days… but many jurisdictions tend to sentence repeat DUI offenders to longer sentences. Denver is one of those jurisdictions.
- The courts are under pressure from anti-drunk-driving groups to throw the book at DUI offenders (even first-timers who’ve never been in trouble with the law before).
- It doesn’t matter if your previous DUI was decades ago… if you get a subsequent DUI charge, you face the repeat-offender penalties. Unless you can challenge the prosecution’s findings.
- A third (or more) DUI, and you’re looking at a mandatory minimum uninterrupted 60 days in jail. No home detention. No probation as a substitute (though probation might be added after you’ve served your jail sentence of at least 60 days).
Underage Drunk Driving: “Baby DUI”
- An underage driver with a BAC as low as 0.02 is subject to an Underage Drunk Driving (UDD) charge (commonly referred to as a “Baby DUI”).
- A UDD carries fines, points off the driver’s license, and community service.
- A second (or more) Baby DUI, or “adult level” intoxication (BAC over 0.05) can land a teenager in jail, with fines and court costs due, and community service after jail.