The lifestyles we lead today cause stress. The more technology and conveniences we create in our lives, the further they strain our relationships.
Road accidents, that are fatal for some, have been an eye-opener for many. Among these incidents, drunk driving or Driving Under the Influence (DUI) or Driving While Ability Impaired (DWAI) have been on the rise.
Despite knowing of the penalties and consequences, people still risk their lives and the lives of others. They drive under the influence of alcohol, drugs, or a combination of both for the thrill or wanting to look cool in front of their peers. Men in their 20s accounted for nearly 1/3rd of all DUI cases that accounted for more than 27,000 plus DUI cases in 2016-17, with a sharp increase in road traffic deaths, as stated by a Colorado state report.
Denver DUI or DWAI Charges
If you or someone you know has been arrested for driving under the influence (DUI) or DWAI in the Denver area, then you need an experienced Denver DUI attorney to run your case and help protect your rights.
A DUI means you were driving a vehicle after having consumed alcohol or drugs, or a combination that makes you mentally or physically incapable of making sound judgments, or having sufficient physical control. One can be charged guilty if their blood alcohol content (BAC) is less than 0.08. One is violating the law when their driving/field sobriety tests show any form of physical or mental impairment.
DWAI charges mean that you were driving a vehicle after consuming alcohol or drugs that had a significant effect on you and your behavior while behind the wheel. It also means that you were unable to make sound judgments or had insufficient physical control of your mind and body. The charge is given when your BAC is between 0.05-0.07 while driving.
Penalties
Multiple DUI charges can account for much harsher penalties. Some basic penalties include:
- Fines
- Jail Time
- Public Service
- Administrative Penalties, Including License Being Revoked
Other than the basic fines, one can be charged up to $500 to pay for drunk driving programs, therapy and rehab. Some courts order the installation of an ignition interlock device to ensure the individual is not driving after consuming multiple drinks. The person will need to blow into the ignition to make it start.
Common Mistakes When Charged Guilty
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- Arguing incessantly when a Denver police officer asks you to pull over. Denial even after not being able to walk in a straight line or failing the sobriety tests, and then being locked up overnight till one is sober again. Repeating the same things and yet not having a lawyer back your case.
- Refusing to take the chemical test – Many young people refuse to take the BAC, which results in license confiscation for a year. If this is the second refusal, you will lose your driving privileges for 2 years.
- Attending court without legal representation. Under a DUI charge, you meet the prosecutor at the district attorney’s office and will be required to be present in front of the judge.
- Not requesting an Express consent hearing. If charged under a DUI in Colorado, you are most likely awarded an affidavit by the arresting officer, which provides a notice period to the revoking of your license. One needs to take this appeal seriously and respond to the department, whether you wish to question the arresting officer or not.
- Assuming self-guilt if the BAC level is high, and that the case is undefendable. If a breath or blood test was administered, there must be a strong foundation when your results are presented. An experienced attorney will cover all grounds, such as checking with the lab whether it is certified or not. Your attorney will challenge all scientific evidence surrounding the charge.
- Not getting your blood test from a private lab – If you took a blood test, then the state police will take two samples. One is tested with the state, while the second can be sent to a forensic lab of the defendant’s choice. If the second test’s results are much lower than the first, there is a chance of reduced charges/penalties or even a cancellation of charges.
- Taking DUI charges lightly – You cannot take them lightly. DUI charges are real criminal charges and can affect or tarnish your criminal record. There are long-term conviction charges aligned with DUI. They can also hamper your future job opportunities if not taken seriously.
- Hiring an attorney based on their fee – The quality of an attorney is not determined by the fee they charge. Some attorneys charge as little as $1,500 for a DUI case. Good DUI attorneys tend to be expensive. It is always smart to hire an attorney who truly cares and is one that you can afford.
- Some make the silliest mistakes such as not showing up to court, or if they do, their tardiness is a factor. This will show that you do not take the case seriously and do not respect the court/judges and your attorney. All these factors add up to negative points, which can lead to a long-term sentence and DUI charge.
- Not knowing your rights and challenging potential violations under the Fourth Amendment. If there is no probable evidence to being arrested for suspicion of a crime, then raise the red flag with your lawyer. He or she will then challenge this constitutional issue in your favor.
Conclusion
All in all, one needs to be consciously aware of their actions and get help if they have a problem with addiction. By driving in a less sober state, they put many lives in danger. Be a socially responsible citizen.
