Colorado Springs DUI Attorney
The scary thing about a DUI (driving under the influence) is that at some point or other we all have gotten behind the wheel and wondered what would happen if we were pulled over right now. The fear is even more real these days given the legal limit for blood alcohol content (BAC) in Colorado is just 0.08.
It doesn’t take much to hit that limit especially if it’s a drink or two after work on an empty stomach. If you do end up with a DUI or DWAI charge, you need a great Colorado Springs DUI Attorney.
DUI Makes News But DWAI Is Serious
DUIs get all the press, but there is a lesser known offense called a DWAI or driving while ability impaired, which is a more subjective offense, but often comes with near comparable penalties to a DUI in Colorado. The DWAI statute indicates you are guilty of DWAI if you are driving while your ability is impaired to the slightest degree. This ambiguity can be applied to many situations.
What To Do If Charged With DUI or DWAI
Obviously the safest option is to simply not drink at all if you are going to be driving.
However, that may not always be practical. If you find yourself being charged with a DUI or DWAI, there are things you can do to fight the charges. First, find a DUI attorney like Jeremy Loew who understands the nuances of mounting a vigorous DUI DWAI defense.
Second, make the call sooner rather than later. In most cases you only have seven days in which to begin defending your rights.
An effective defense hangs on two key areas. The BAC and evidence of impairment.
Your blood alcohol level (BAC) is determined with either a breathalyzer or blood test.
In order for the test to be perfectly accurate specific procedures must be followed and the machines used to conduct the tests must be kept in perfect working order. This opens up many opportunities for the test to be improperly administered causing inaccurate results.
You have the right to have your BAC sample retested. If the retested results differ in any way from the original, they may be shown as unreliable and could be thrown out.
Occasionally BAC evidence is not properly preserved or may even be thrown out which is another reason to ask for a retest. We will ask these questions.
Additionally, the BAC test is only effective and relevant at the time you are driving. Consequently, if the test is administered long after you are stopped, the results may be inadmissible, and your DUI attorney knows this.
Your BAC – Question Everything
The point is to question everything about the BAC. The penalties for DUI have become severe even for a first time offender. It is worth the effort to put up a fight and defend yourself.
The second key is evidence of impairment which is highly subjective. It is determined by a human police officer and humans are notoriously inconsistent. We all react to situations differently.
You might be nervous and tired when you get pulled over. Your shaky behavior and blood shot eyes may be due to stress and not alcohol. You may have horrible balance even stone cold sober. These indicators and behaviors may cause the police officer to charge you based on behavior that can be explained.
Having an experienced defense attorney such as Jeremy Loew on your side can help poke holes in the police account of the alleged offense.
Even First Time DUI or DWAI Offenders Face Serious Consequences
Facing a DUI or DWAI is a very serious matter. Even first-time offenders face jail time, risk losing their job and face stiff fines and huge hikes in insurance costs.
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