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Colorado's DUI / DWAI Crackdown, C.R.S. 42-4-1301

Colorado sheriff deputies, police, and State Patrol are cracking down on drivers all over the state, including those in Arapahoe, Denver, and Adams County, who are driving under the influence of alcohol or drugs (C.R.S. 42-4-1301). The "100 Days of Heat" start every year during Memorial Day weekend, and last throughout the summer months, which is the peak DUI / DWAI season in Colorado. Police departments throughout Colorado and the Colorado State Patrol reported that they arrested more that 2,600 Colorado drivers for driving under the influence (DUI) or driving while ability impaired (DWAI) during the summer of 2011. The heightened law enforcement effort includes sobriety checkpoints throughout Colorado roads and highways.

In Douglas, Weld, and Jefferson County, Colorado, a person who operates a motor vehicle with a blood alcohol content (B.A.C.) level of greater than .05 but below .08 is presumptively driving while ability impaired (DWAI), and a person whose B.A.C. is .08 or greater is presumptively driving under the influence of alcohol (DUI).

The penalties for driving under the influence vary depending on a person's blood alcohol content and whether they have any prior alcohol related driving convictions. Even for a first-time offender, the penalties can be severe and include up to one year in jail, a fine of up to $1000, possible alcohol treatment, and up to 96 hours of useful public service. Additionally, the Colorado Department of Motor Vehicles (DMV) has its own set of consequences, and will likely suspend or revoke a person's drivers license.

Most people have driven after having a couple of drinks. Sometimes it is hard to know where the line is between a few beers and having an elevated blood alcohol level. With all the activity during the summer months and Colorado's fairly poor public mass transportation system, it is not surprising that DUI and DWAIs increase during this season. At the O'Malley Law Office, we can help you minimize the consequences you are facing both in court and at the DMV. Remember, if you are stopped by the Denver, Thornton, or Aurora police on suspicion of a DUI / DWAI, you do not have to complete their voluntary roadside maneuvers, but you must do the breath or blood test. If you are contacted by law enforcement or arrested, be smart, exercise your right to remain silent, and call us today at us today at 303-731-0719. Together, we can protect your future.

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