720-445-5505
955 Bannock Street, Suite 200
Denver, Colorado 80204

Denver Driving While Ability Impaired (DWAI) Attorney

There are so many incidents of drinking and driving.  We hear these stories on the radio, and we see them on the evening news.  We hear horror stories from friends and neighbors, and we hear the police and prosecutors rant and rave about how perpetrators of a drinking and driving violations are so eveil.  We are scared into believing every person who drinks and drives is doomed to be thrown in prison and virtually locked away forever, such that those accused of alcohol-related driving offenses are lead to believe their cause is doomed and their life and liberty is all but lost.

Even the Colorado State Patrol has added to the hysteria by inundating our Colorado roadways and television screens with threatening messages stemming from such campaigns as “The Heat Is On” and “Drink and Drive and You Will be Arrested” – all this, despite the fact that the State Patrol’s own studies and data show that even though these scare tactics have been in effect for years, the lowest alcohol-related fatality rates in Colorado were way back in 1997.  (Note:  as reported by the Colorado State Patrol, the highest alcohol-related fatality rate since 1974 was the year 1981;  since then – and without the help from government scare tactics – this rate has been steadily decreasing).

Clearly, there is a culture of crime and punishment adhered to by law enforcement, prosecutors, and even judges that will result in you receiving unjust and unequal treatment and serious (though unnecessary) punishments – that is, UNLESS YOU HAVE AN EXPERIENCED ATTORNEY FIGHTING FOR YOU.

MASTERSON HALL, P.C.
Call the attorneys directly: 720-445-5505.
Schedule your NO-OBLIGATION consultation today.

The Facts: It is NOT illegal to drink alcohol or consume narcotics (including prescriptions) and drive in Colorado! In fact, the illegality is reached only when a person ‘s driving is actually “impaired” or when a person is “under the influence.” See C.R.S. § 42-4-1301.  There are certain legal impediments for people who have high blood alcohol levels or have traces of narcotics in their body, but the fact still remains, it is 100% legal to drink and drive if you are not impaired.

With this in mind, many police and prosecutors will not openly admit this information.  In fact, even if you are in court for DUI or DWAI and trying to talk to the prosecutor on your case, odds are they will not admit that you may have been actually driving legally or have a defense to your DUI or DWAI charge.

As an attorney, I have represented thousands of clients over the years, and it is my experience that prosecutors and police have one goal:  arrest you and convict you for the worst possible crime and give you the most serious sentence possible.  Often times, they will intentionally mislead you or not disclose facts, laws, and defenses available to you that support you being deemed not guilty.  Such behavior by prosecutor and law enforcement makes having an experienced criminal defense attorney of utmost importance.  You need someone who knows the law, someone who will fight for your rights, someone who will hold the government accountable for their outrageous behaviors, and someone who is willing to zealously advocate for you at all times.  In short, you need an experienced criminal defense attorney to effectively represent you and your best interests.

Alcohol-Related and Drug-Related Driving Crimes

There are two levels of alcohol-related driving offenses in Colorado.  Both of these crimes are based on a measurement of blood alcohol concentration (BAC) in a person’s body.  These crimes are referred to as DUI and DWAI.

Driving Under the Influence of Alcohol and/or Drugs (DUI):
A DUI is the more serious offense of the two.  It is generally defined as being “substantially incapable…of exercising clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.”  See C.R.S. § 42-4-1307(2)(b).

A DUI is a misdemeanor and a 12 point violation on your driving record (resulting in an automatic suspension of your driving privileges for up to a year).

For a first offense, DUI is punishable by at least 5 days but not more than 1 year in jail.  And although the period of jail is deemed “mandatory” by statute, it can also be suspended for certain and specific reasons.  There are also many other consequences for a DUI that can be extremely expensive and can result in you losing your driver’s license, being fined (currently $600 to $1,000), being placed on probation (up to 2 years), doing public service (from 48 to 96 hours), obtaining a sentence to “house arrest” (or In-Home Detention), participating in alcohol and/or drug treatment and education (usually from 3 to 9 months), and other possible penalties.  See also C.R.S. § 42-4-1301(1)(a);  See generally C.R.S. § 42-4-1301.3;  C.R.S. § 42-4-1307;  C.R.S. § 42-4-1301 et seq.

Driving While Ability is Impaired by Alcohol and/or Drugs (DWAI):
A DWAI is the less serious of the two offenses.  It is generally defend as being impaired “to the slightest degree” while driving.  See C.R.S. § 42-4-1307(2)(c).

It is a misdemeanor and an 8 point violation on your driving record (and may result in a suspension of your driving privileges).

For a first offense, DWAI is punishable by at least 2 days but not more than 180 days.  And although the period of jail is deemed “mandatory” by statute, it can also be suspended for certain and specific reasons.  There are also many other consequences for a DWAI that can be extremely expensive and can result in you losing your driver’s license, being fined (currently $200 to $500), being placed on probation (up to 2 years), doing public service (from 24 to 48 hours), obtaining a sentence to “house arrest” (or In-Home Detention), and other possible penalties.  See generally C.R.S. § 42-4-1301(1)(b);  C.R.S. § 42-4-1307;  C.R.S. § 42-4-1301 et seq.

Increased Penalties for Repeat Offenses

The possible penalties for DUI and DWAI will always increase for repeat offenses.  You would be well advised to hire an attorney for all DUI or DWAI arrests and/or charges.  And the risk of not doing so will only increase for repeat offenses, as the possible punishments increase as well.

MASTERSON HALL, P.C.
Call the attorneys directly: 720-445-5505.
Schedule your NO-OBLIGATION consultation today.

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