Driving While Ability Impaired by Alcohol

Driving While Ability Impaired by Alcohol in Colorado, C.R.S. 42-4-1301

After only a couple of drinks, anyone stopped by police in Jefferson, Douglas or Adams County can face charges of Driving While Ability Impaired by Alcohol, C.R.S. 42-4-1301. You need a lawyer to ensure that your constitutional rights are protected and that you are not convicted of a serious drinking and driving offense which could take away your license, job and home. Our experienced DWAI attorneys will ensure you are skillfully guided through the complex maze of court and alcohol treatment.

DWAI charges usually require an arrest and several court appearances. This is a stressful time when you need someone at your side who has been there many times before. Your Colorado Driving While Ability Impaired lawyer will obtain and review your discovery with you to be sure the police are not embellishing your case. Within these police reports, critical details will be revealed which can make the difference to your future. Our DWAI attorneys practice in Weld, Broomfield and Arapahoe County, among others, and are used to examining police evidence and determining whether law enforcement had reasonable suspicion for stopping you. We will also ensure they had probable cause for your arrest.

Voluntary roadside maneuvers are used by law enforcement officers in support of a DWAI arrest and to establish Probable Cause. So, it is usually best to decline these risky tests. If police have enough evidence to make an arrest (which is more difficult to do without "roadsides"), you will be taken to the Aurora, Centennial, Northglenn or Arvada Police Department for your formal Blood Alcohol Content test. You will be asked to choose between a breath or blood test. If you refuse, your driver's license will automatically be revoked.

The Blood Alcohol Content (BAC) of a driver is a very important part of the District Attorney's case against you. If your BAC is over .05 but less than .08, there is a presumption that you are impaired by alcohol, and not safe to drive. With a Blood level of .08 or over, a Driving Under the Influence charge will be brought.  While this BAC inference or presumption is rebuttable (meaning we can fight it), our experience is that such an inference is hard to overcome. District Attorneys will point to your driving conduct just before the police stop as evidence that you were impaired while driving. They will detail any circumstances like failing to signal for a turn, driving too fast or failing to turn on your headlights, as evidence of the DWAI.

At your court appearances, your lawyer will speak with the District Attorney and judge about how your conduct and the law support lesser sanctions than the DA is proposing. Our goal is to make sure your case is dismissed or you receive a plea agreement which will guard your driver's license and job. Plea agreements are sometimes necessary, but are never our first choice. We need to explore every option to have your case dismissed before looking at a plea agreement. What happens in court can have extreme consequences on your ability to keep your job and pay your bills. We also want to minimize the length of your probation term, treatment, and amount of court costs.

Our experienced DWAI attorneys know the drinking and driving laws well and have relationships with Deputy District Attorneys. We can speak clearly about weaknesses in their case and force them to consider how a jury will view their evidence at trial. They respect our opinion because we know the law well. Don't send a part-time DWAI attorney to meet the DA for you. Your future is on the line.

If the police stop you for Driving While Ability Impaired, don't agree to the voluntary roadsides, but be smart, exercise your right to remain silent and call the experienced DWAI lawyers at the O'Malley Law Office, P.C., at 303-731-0719. Together, we can protect your future.

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