Colorado Driving Under the Influence (DUI) and DWAI - Questions and Answers

What is the Difference Between Driving Under the Influence and Driving While Ability Impaired?

C.R.S. 42-4-1301 defines both DUI and DWAI, in Denver, Jefferson, Arapahoe, Adams, Douglas, Larimer and Weld County. The main difference is that Driving While Ability Impaired requires someone to be affected by the alcohol to the "slightest degree", while Driving Under the Influence requires that a person be affected so that they are "substantially incapable" of operating the vehicle safely. Our Colorado DUI lawyers have many tools to refute these definitions.

What is Excess Blood Alcohol Content Charge?

This charge is a catch all for prosecutors in case a defendant shows he was not "substantially incapable" of operating the vehicle. All the government needs to prove is that the driver's BAC was over .08. It duplicates the DUI charge and is there to make it easier for the government to win their cases when a good criminal defense attorney beats them on the DUI charge.

What are Important Factors in a Police Stop?

Colorado Officers need to have a reasonable suspicion of criminal activity, to make a vehicle stop on suspicion of a drinking and driving offense. Police often look for citizen complaints against the driver, weaving, failure to signal, speeding, an accident, headlights not on, driving too slow, or failure to move your car when a traffic light changes.

Should You do Colorado Roadside Tests and a PBT?

No. These roadside maneuvers / tests only help the police officers to make a probable cause arrest decision. These tests are not mandatory and can only hurt you. A PBT is a Portable Breath Test and given at the roadside where you are stopped by police. This voluntary test can only hurt you, son don't take it.

Blood Alcohol Test - Breath or Blood, Which is Best?

These tests are mandatory, and are given at a police station on an Intoxilyzer breath machine, or by a blood sample at a hospital. Circumstances vary and there is not an always right answer to which is best. The bottom line is that you must choose one if you are arrested, and can't change your mind. If you refuse to take one, you will lose your license automatically.

The Department of Motor Vehicles Hearing - What is This?

This is a mini-trial to determine your eligibility to keep your driving privilege in Colorado. It can be helpful, yet is difficult to win. Sometimes, this hearing is useful to gather evidence for your criminal trial. Only your criminal defense lawyer can tell you if you should request the hearing. There is a very short deadline to request the hearing, usually seven days following your driving offense.

We Have the Experience to Protect You

We have defended several hundred DUI and DWAI offenses. If stopped by police, exercise your right to remain silent and call us at 303-731-0719 today. Together, we can protect your future.

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Sexual Assault and Rape charges related to divorce. Acquittal from jury trial. Weld County, Greeley, Colorado.

Sexual Assault on a Child, Possession of Child Pornography. Acquittal from jury trial. Jefferson County, Golden, Colorado.

Arson of Nursing Home. Dismissed by Court on Defendant's Motion to Dismiss. Jefferson County, Golden, Colorado.

Felony Drug Distribution. Acquittal from jury trial. Boulder County, Boulder, Colorado.

Rape and Sexual Assault charges involving divorce and child custody. Acquittal from jury trial. Douglas County, Castle Rock, Colorado.

Burglary and Felony Theft. Dismissed by District Attorney. Arapahoe County, Englewood, Colorado.

Theft of Drugs by Nurse. Dismissed by District Attorney. Jefferson County, Golden, Colorado.

Sexual Assault on a Child, Position of Trust. Acquittal from Jury Trial. Adams County, Brighton, Colorado.

Domestic Violence. Dismissed by District Attorney. Douglas County, Castle Rock, Colorado.

Violation of Restraining Order. Dismissed by District Attorney. Douglas County, Castle Rock, Colorado

Rape and Sexual Assault on a Child by Position of Trust. Dismissed by District Attorney during trial. Douglas County, Castle Rock, Colorado.

Animal Cruelty. Acquittal from jury trial. Jefferson County, Golden, Colorado.

Domestic Violence, Elderly. Dismissed by District Attorney. Douglas County, Castle Rock, Colorado.

Felony Interference with Public Transportation (train system). Deferred Judgment & Dismissed. Douglas County, Castle Rock, Colorado.

Sexual Assault on a Child. Acquittal from jury trial. Grand County, Hot Sulphur Springs, Colorado.

Homicide (Murder), Deadly Weapon. Dismissed by District Attorney. Denver County, Denver, Colorado.

Commercial DUI. Dismissed at DMV. Deferred judgment and sentence at trial court. Larimer County, Fort Collins, Colorado.

Felony Marijuana Possession (large quantity). Deferred judgment and sentence. Denver County, Denver, Colorado.

4th Degree Arson. Dismissed by District Attorney. Weld County, Greeley, Colorado.

Felony Drug Possession. Dismissed at Motions Hearing by suppression of evidence. Denver County, Denver, Colorado.

Felony Assault on Police Officer. Acquittal from jury trial. Jefferson County, Golden, Colorado.

Deregistration of Juvenile Sex Offender. Arapahoe County, Aurora, Colorado.

Felony Violation of Bail Bond Conditions. Dismissed by District Attorney. Broomfield County, Broomfield, Colorado.

Sexual Assault on a Child (3 alleged victims). Acquittal from jury trial. Adams County, Northglenn, Colorado.

Child Abuse. Deferred judgment and sentence. Jefferson County, Golden, Colorado.

DUI - Department of Motor Vehicles. Dismissed following hearing. Jefferson County, Lakewood, Colorado.

Child Abuse. Acquittal from jury trial. Adams County, Thornton, Colorado.