DUI / DWAI / DWAID Denver Defense Attorney
In Colorado it is against the law to drive a vehicle, motorcycle, bicycle, boat or jet ski while under the influence of alcohol or drugs. A DUI arrest can cause significant disruption to an individual’s life. You may lose your driving privileges, be forced to pay fines, or be subject to jail time. A DWAI conviction can result in similar consequences.
Philip M. Smith • Attorney • Denver, Colorado
DUI / DWAI / DWAID Attorney
Free Consultations • Call (303) 333-8900 • Email
If you have been stopped for a DUI in Denver Colorado you were asked to perform a road side sobriety test. These field tests must be valid, reliable and executed by a properly trained police officer equipped with properly calibrated equipment in order for this evidence to be admissible in court. “Sobriety” checkpoints are valid but the officer must have probable cause to stop a driver at a checkpoint as well as on a road way.
Blood alcohol (BAC) levels will establish the severity of impairment. Under Colorado law a person is presumed to be impaired if a series of tests are performed including a breath or blood test shows a blood alcohol level of:
- DWAI – Driving while ability impaired with a breath/blood alcohol/drug level of more than 0.05 but less than 0.08
- DWAID – Driving while ability impaired of drugs
- DUI – Driving Under the Influence with a breath/blood alcohol/drug level of at least 0.08
- DUI – Driving Under the Influence with a breath/blood alcohol/drug blood alcohol level of at least 0.17
- DUID – Driving under the influence of drugs.
Refusal to take the field sobriety tests is your option but your refusal to cooperate is admissible in court and the consequences of the refusal could result in the loss of your driving privileges.
Philip M. Smith has over 32 years of legal experience as a private attorney, as a judge, and district attorney, practicing in all areas of criminal defense law in Colorado.
How I Can Help You
I use my skills as a defense lawyer to help clients obtain a probationary license if their driving privileges are suspended and work aggressively to challenge the evidence against them, such as:
Was there reasonably suspicion for the stop?
Was there probable cause during contact?
Was there probably cause for the arrest established during the contact?
Did the trooper follow proper procedure?
Can the impairment be proved?
Did the machine malfunction?
Can evidence be suppressed?
If you have requested a Colorado DMV Hearing I will represent you to gain the best possible resolution to gain your license as soon as possible. With criminal charges, I will review the police reports and the prosecutor’s file to develop the strongest defense in your DUI case.
Call my office today for a free confidential consultation
Attorney Philip M. Smith
Minimizing Colorado DUI / DWAI Penalties
You are also subject to criminal charges in court and administration penalties with the Department of Motor Vehicle. Criminal penalties may include fines, jail time, community service (UPS), and alcohol classes. Administrative penalties imposed by the DMV include suspension or revocation of your driver’s license, fines and costs of reinstatement. You can apply for a “red” license or restricted license allowing you limited travel to and from work or school.
Following a Denver Colorado DUI or DWAI traffic stop, ticket or arrest, you have only seven days from the date of your arrest to preserve your rights to an administrative hearing (DMV Hearing). If you have been stopped for drunk driving, you must request a hearing with the Department of Motor Vehicle immediately or risk your license being suspended automatically. The possible penalties for a drunk driving conviction are enhanced based on elevated BAC levels, number of offenses, breathalyzer refusal, or other circumstances.
If you are a minor caught in possession of alcohol, MIP, whether you are driving or not, the penalties can include loss of driving privileges, fines and community service.
Contact My Law Office
If you are have been arrested or charged, or if you have questions about a DUI or DWAI or drug related driving, I encourage you to contact me, Philip M. Smith, 303-333-8900 today for a free and confidential initial consultation.