Being arrested for Driving Under the Influence (DUI) or Driving While Ability Impaired (DWAI) is a serious situation that requires expert help from an accomplished Aurora defense attorney. A conviction of DUI or DWAI has long-term consequences that will be felt by you and those close to you. Fines, jail or prison time, loss of driver’s license, and difficulty finding employment are all possibilities when faced with charges. There are too many intricacies in the law to face DUI charges on your own. Consult an experienced Aurora driving under the influence attorney to walk you through your situation and fight on your behalf.
Aurora DUI Lawyer | When You’re Pulled Over
What you do and say upon being pulled over by law enforcement can drastically change your outcome in a DUI situation. Too many people give too much information and ruin their chances at a strong defense. Below are some things to keep in mind in the heat of the moment:
· Always provide your driver’s license, vehicle registration, and proof of insurance.
· Decline roadside maneuvers such as field sobriety tests or a breathalyzer (these are voluntary).
· If there is enough probable cause present to arrest, requirement to take a blood or breath test (Express Consent Test) will result. Failure to submit to this test can result in loss of your driver’s license for one year.
Memorizing these key points can go a long way in protecting your rights and freedoms. Don’t give the police more probable cause to arrest you by talking too much, fumbling for your documents, or getting out of your car. Keep it simple.
Definition of Driving While Under the Influence in Colorado
C.R.S. 42-4-1301 Driving Under the Influence is defined as:
“a person who drives a motor vehicle or vehicle under the influence of alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, commits driving under the influence.”
“Driving under the influence includes driving a motor vehicle or vehicle when a person has consumed alcohol or one or more drugs, or a combination of alcohol and one or more drugs, that affects the person to a degree that the person is substantially incapable, either mentally or physically, or both mentally and physically, to exercise clear judgement, sufficient physical control, or due care in the safe operation of a vehicle. “
Punishments and Sentencing for Driving Under the Influence in Aurora, Colorado
Driving Under the Influence in Aurora is an offense typically charged as a class 1 misdemeanor. Potential sentencing if convicted is up to 12 months in county jail. However, the felony DUI law in Colorado says that if you have 3 or more prior convictions of a DUI, DWAI, Vehicular Homicide, Vehicular Assault, or any combination of these, a class 4 felony ensues. Conviction here includes up to as many as 6 years in the Colorado Department of Corrections. With such steep consequences, consulting an aggressive defense attorney is a must in DUI and DWAI situations.
If you or someone you know is facing driving under the influence charges, it is time to act. Call the criminal defense lawyers at O’Malley and Sawyer at 303-731-0719. Together, we can protect your future.
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