Driving Under the Influence (DUI) and Driving While Ability Impaired (DWAI)
Being arrested for a DUI/DWAI in Larimer and Weld County can have serious consequences and you likely will be charged with accompanying traffic offenses, like weaving, failure to provide proof of insurance, reckless driving, etc. With DUI and DWAI convictions, you may face a possible jail sentence, a fine, and probation. You will also face DMV consequences and your driving privileges can be affected.
The attorneys at Cummings and Petrone, LLC have successfully defended hundreds of DUI and DWAI cases in Larimer, Weld, and surrounding counties and will fight zealously to help you gain the best possible outcome for your case.
Why hire an Attorney? DUI/DWAI laws are very complex and not something you want to handle alone. An experienced Criminal Defense Attorney can access your case, select the most appropriate defense for your particular case, and help you navigate this very stressful time. There are many possible defenses that can be successful in a DUI or DWAI case. These include challenging the law enforcement officer’s reason for the stop, the officer’s training and experience, the result or reliability of the blood or breath test, etc.
A blood alcohol content (BAC) of 0.08 or more gives rise to the permissible inference of a DUI. This is also called a DUI Per Se. A person’s BAC can be measured by either a blood sample test or a certified breath test.
A person can be charged with a DUID (driving under the influence of drugs) if the individual’s ability to drive has been influenced by drugs, whether prescription medication, over-the-counter or illicit substances.
Someone can be charged with a DWAI when, if even to the slightest degree, the person is less able than she ordinarily would be, either mentally or physically, or both, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle. A BAC above 0.05 but below 0.08 gives rise to the permissible inference of a DWAI. Again, this can be measured by a blood sample test or a certified breath test.
If convicted of a DUI or DWAI, a person must submit to an alcohol or drug evaluation or both and follow through with a certified treatment plan. In addition, a person will be placed on probation for a time period ranging from 12 – 36 months, depending on the facts of the case. During that probation period, the person must remain law-abiding, not consume alcohol or drugs, complete community service, and pay fees/fines. There may be other requirements based on the facts of a case. A jail sentence may be imposed if the BAC of the individual is high or if it is their second or more conviction of a DUI or DWAI.
A DUI or DWAI is considered a misdemeanor. However, if someone has been convicted of 3 prior DUIs or DWAIs, every conviction after that will be considered a felony, punishable by up to six years in prison.
Often in DUI or DWAI cases, the individual will have a hearing in front of the Department of Motor Vehicles (DMV) to determine if the person’s driver’s license should be restricted, suspended, or even revoked based on Colorado’s express consent statute.
If you have been charged with either a DUI or DWAI, you should have an experienced attorney in your corner to review the facts of your particular case and argue for a sentence that is fair and just in comparison to the offense.
Cummings & Petrone, LLC is experienced in the handling of criminal cases concerning DUIs and DWAIs and other related criminal charges. We are 5 Star Rated and conveniently located in Old Town Fort Collins. Contact us today at 970-484-2217 to schedule your free consultation.