DUI/DWAI Case Considerations and Criminal/DMV Penalties
DUI/DWAI Case Considerations
A DUI or DWAI case is not always black and white. Sometimes there are legal or factual issues—such as a problem with the initial police contact, a problem with the arrest and invocation of the Express Consent statute or a problem with a witness—that weaken a prosecutor's criminal case against you. Sometimes these same or other issues also weaken the administrative case pending against you at the DMV. An experienced lawyer can analyze your situation, determine if any issues exist and how helpful they might be, and then use those issues to try to benefit you in plea negotiations, in court at a hearing or trial or at the DMV.
Criminal Penalties
Criminal penalties for a DUI or DWAI conviction can include:
- jail;
- probation;
- a substance abuse evaluation;
- substance abuse classes;
- performance of community service work;
- attendance at a victim impact panel;
- an order not to consume alcohol or drugs;
- compliance with monitored sobriety testing;
- payment of a fine, costs and fees; and
- payment of restitution, if applicable.
If a person has a prior conviction for DUI, DWAI or certain other offenses, or if a person has a BAC over .2, even on a first offense, a jail sentence is required under Colorado law. Note, however, that the term "jail" can mean many things. Click here for more information.
An experienced lawyer can spot potential legal and factual issues with your criminal case and use those issues to your benefit. The lawyer can also help minimize the criminal penalties suffered if you are convicted of DUI or DWAI through both client preparation for sentencing and presentation of your situation to the court.
DMV Penalties
Penalties imposed by the DMV for violation of the Express Consent statute or as a result of a DUI or DWAI conviction can include revocation or suspension of the driving privilege, assessment of points against the driving record, a license reinstatement fee and the imposition of certain restrictions on the driving privilege, such as an interlock device. If a person loses the privilege to drive, he or she will likely have to pay a substantial sum of money to become and remain eligible for a driver's license. That sum may include costs for special automobile insurance and a substance abuse evaluation and classes. The sum may also include costs for interlock installation, rental and removal if the person is required to have the device.
An experienced lawyer can spot potential legal and factual issues with your DMV case and use those issues to your benefit. The lawyer can also help minimize the effect of administrative penalties imposed if you are found to have violated the Express Consent statute or are convicted of DUI or DWAI.