DUI / DWAI charges in Douglas and Arapahoe County are difficult to manage and navigate on your own. From BAC to the legality of being pulled over, you need an experienced criminal defense lawyer to help you know how to fight the government’s charges. Having the right criminal attorney can mean a huge difference for your case. Let’s start today by studying the basics of fighting a DUI or DWAI charge. Read about Colorado’s Felony DUI law.
What’s the Difference Between DUI and DWAI in Denver Colorado County Courts?
Driving Under the Influence (DUI) occurs when a person operates a motor vehicle on the roads or highways of the state of Colorado and their Blood Alcohol Content (BAC) is .08 or greater. Driving While Ability Impaired (DWAI) is very similar to a DUI in all respects except for one: the person’s BAC must be between 0.05 and 0.079. The other difference between the charges is that the punishment from the court is lessened when the person is convicted of DWAI.
What Should I Do if Stopped by a Police Officer in Aurora or Castle Rock for DUI?
The first thing to remember is that most of what the officer will ask you to do is completely voluntary and you are not required to oblige her. For instance, we all have heard of roadside tests before. But did you know that roadside test are completely voluntary and you should not choose to participate in them? No, don’t do the roadsides. Another aspect of a DUI / DWAI stop by the police is called a portable breath test (PBT). The PBT is voluntary as well and should not be completed by the driver. If you choose not to participate in those two voluntary activities, the District Attorney in Adams, and Broomfield County will have much less necessary information to provide to a jury when they try and convict you of DUI.
Is There Anything That I Must Do When Stopped for DUI or DWAI?
The tricky thing is that Colorado has an Express Consent Law. This law provides that any person operating a vehicle in Colorado roads or highways must comply with either a blood or breath test when asked by the police to complete one. Ultimately, this test can be used against you in court. However, if you do not take the test, you’ll be marked as a refusal and will automatically lose your driver’s license for a mandatory period of at least one month. So, in many cases it is best to take the test, and in a few cases, it is best not to take the test.
If you or a loved one has been charged with a DUI or DWAI in Jefferson County, be smart, exercise your right to remain silent, and contact one of the best defense lawyers at 303-731-0719 right now. Together, we can protect your future.
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