Facing charges for Driving While Intoxicated (DWI), Driving Under the Influence (DUI), Driving Under the Influence of Drugs (DUID), or Driving While Ability Impaired (DWAI) in Colorado can be overwhelming. With the stringent impaired driving laws in the state, a DUI conviction can result in serious penalties. Get legal representation from an experienced DUI advocate in Denver to protect your rights and freedom.
DUI: Driving Under the Influence
Definition and Legal Limit
Driving Under the Influence (DUI) refers to operating a motor vehicle with a Blood Alcohol Concentration (BAC) of 0.08% or higher or while impaired by alcohol or drugs to a degree that renders the person incapable of safely driving.
Colorado Revised Statutes (C.R.S.) § 42-4-1301(1)(a) outlines the legal definition and penalties associated with a DUI offense.
Penalties
- First Offense: Penalties can include up to one year in jail, fines up to $1,000, a nine-month license suspension, and mandatory alcohol education classes.
- Second or Subsequent Offense: Increased penalties include mandatory longer jail time, higher fines, longer duration of driver’s license revocation, and mandatory installation of an ignition interlock device.
DWAI: Driving While Ability Impaired
Definition and Legal Limit
Driving While Ability Impaired (DWAI) charges apply when a driver’s blood alcohol content is between 0.05% and 0.079%, or if the driver is impaired by alcohol or drugs (or both alcohol and drugs) to a degree that affects their ability to drive safely.
C.R.S. § 42-4-1301(1)(g) provides the legal framework for DWAI.
Penalties
- First Offense: Penalties include up to 180 days in jail, fines up to $500, and eight points on your driver’s license. Other consequences of a conviction may include higher car insurance rates.
- Subsequent Offenses: More severe penalties with mandatory longer jail terms and higher fines, reflecting the increased risk posed by repeat offenders for drunk or reckless driving.
DUID: Driving Under the Influence of Drugs
Legal Definition
Driving Under the Influence of Drugs (DUID) or drugged driving involves operating a vehicle while impaired by drugs—whether prescription, over-the-counter, or illegal substances.
There is no specific BAC equivalent for recreational, banned, or prescription drugs, but impairment must be evident through observed behavior and field sobriety tests.
C.R.S. § 42-4-1301(1)(a) applies to DUID.
Penalties
Penalties for DUID mirror those for DUI, including jail time, fines, license suspension, and mandatory education or treatment programs.
Specific penalties depend on the drug involved and the presence of any aggravating factors, such as prior offenses. Commercial drivers with DUID or DUI charges may face job challenges, and motor vehicle crashes with DUID may attract higher penalties.
DWI: Driving While Intoxicated
Legal Definition
In many states, DWI stands for Driving While Intoxicated, similar to DUI. However, Colorado law primarily uses DUI and DWAI terms to distinguish levels of impairment.
Intoxication typically refers to impairment by alcohol, though it can include drugs in some jurisdictions.
Penalties
Since Colorado does not commonly use DWI, penalties are aligned with DUI and DWAI, depending on the level of impairment and substance involved. You may lose a commercial driver’s license if there are doubts about your ability to drive a motor vehicle safely.
Understanding Colorado DUI Laws: Comparing DUI, DWAI, DUID, and DWI
Levels of Impairment: DWI vs. DUI in Colorado
- DUI: High level of impairment (blood alcohol level ≥ 0.08%)
- DWI: Generally not used in Colorado; DUI and DWAI are the relevant terms
Levels of Impairment: Difference between DUID and DWAI in Colorado
- DWAI: Lower level of impairment (BAC 0.05% – 0.079%)
- DUID: Impairment by drugs, no specific BAC equivalent
Legal Consequences
- Severity: DUI and DUID typically carry harsher penalties than DWAI due to the higher level of impairment
- Repeat Offenses: Increased penalties for all offenses with each subsequent conviction
Legal Strategies and Defense
- Legal Representation: Essential for defending against these charges. An experienced attorney can challenge the evidence, negotiate plea deals, and advocate for reduced penalties.
- Evidence: In DUI and DUID cases, challenging the validity of breathalyzer or blood test results can be an effective defense strategy.
DUI Defense Strategies for Driving Drunk in Colorado
Improper Traffic Stop
Defense: Argue that the initial traffic stop by the police officer was unlawful.
Basis: Law enforcement must have reasonable suspicion to initiate a traffic stop or arrest you. If the stop lacked reasonable suspicion (probable cause), any evidence obtained thereafter may be inadmissible.
Field Sobriety Test Unreliability
Defense: Challenge the administration and interpretation of field sobriety tests.
Basis: Field sobriety tests can be unreliable and influenced by various factors such as weather, road conditions, and the individual’s physical or medical conditions. An attorney can argue that the tests were improperly administered or the results misinterpreted.
Breathalyzer Test Inaccuracies
Defense: Question the accuracy and calibration of the breathalyzer device.
Basis: Breathalyzer devices must be properly maintained and calibrated. If there is evidence of improper maintenance, miscalibration, or operator error, the breath or blood test results can be challenged.
Blood Test Errors
Defense: Highlight potential errors in blood testing procedures.
Basis: A blood or breath test must follow strict protocols. Any deviation from these protocols, contamination, or delays in testing can lead to inaccurate results.
Rising Blood Alcohol Defense
Defense: Argue that the defendant’s BAC was below the legal limit while driving but rose above the limit by the time of testing.
Basis: Alcohol takes time to absorb into the bloodstream. If the test was conducted well after the arrest, the BAC might have increased, leading to a false positive.
Medical Conditions
Defense: Assert that a medical condition affected the test results or the officer’s observations.
Basis: Certain medical conditions (e.g., acid reflux, diabetes, neurological disorders) can impact breathalyzer results or mimic signs of intoxication.
Lack of Evidence for DUID
Defense: Challenge the evidence of impairment due to drugs.
Basis: Unlike alcohol, there is no standard legal limit for drug impairment. Proving impairment requires more subjective evidence, which can be contested by showing alternative explanations for the observed behavior.
What Sets Colorado Drunk Driving Defense Attorney Richard B. Huttner Apart?
Colorado DUI, DUID, and DWAI defense lawyer Richard B. Huttner is in a strong position to fight your charges with his esteemed memberships and certifications:
Membership in the National College of DUI Defense (NCDD)
Richard B. Huttner is a founding member of the National College of DUI Defense. Membership in this prestigious organization signifies his commitment to staying at the forefront of DUI defense strategies and techniques.
Certifications in Forensic Alcohol Consulting and Training
Richard B. Huttner holds certifications in the Intoxilyzer 9000, Intoxilyzer 5000EN, and NHTSA certification on the Intoxilyzer 500EN. These certifications demonstrate his in-depth knowledge and expertise in forensic alcohol testing technologies, enabling him to effectively challenge breathalyzer and blood test results in DUI cases.
NHTSA Standardized Field Sobriety Testing Certification
Richard B. Huttner is certified in NHTSA Standardized Field Sobriety Testing. This certification enhances his ability to identify flaws and inconsistencies in field sobriety test results, strengthening the defense strategies for his clients.
To schedule a free consultation, contact the Law Office of Richard B. Huttner today at 303-997-1928 or reach us online.
