DUI
Despite being a victimless crime, DUI carries tremendous consequences under the law. If convicted, you may spend a year in jail, lose the right to drive, be forced to have a breath testing machine installed in your car, and pay thousands of dollars over a period of years just to keep your license. Social stigma and damage to your reputation can be even worse. Losing your license could be extremely disruptive to your work schedule and daily life. A conviction on your record follows you for years.
If you have been charged, it’s imperative to hire a DUI attorney immediately. In most cases, you only have 7 days to request a hearing to contest the automatic suspension of your driver’s license. A skilled criminal defense attorney can coordinate the information gained in the driver’s license suspension hearing with your court case to contribute to the best result on your criminal charge.
What is Driving Under the Influence (DUI)?
Driving Under the Influence means driving while substantially incapable—either physically or mentally—of exercising clear judgment, sufficient physical control, or due care due to alcohol or other drugs.
The State can prove their cases by circumstantial evidence, or by a bright line rule of BAC 0.08 or higher.
First time DUI offenses carry penalties of up to 180 days in jail, $1000 fine, driver’s license suspension up to 9 months, and up to 96 hours of community service.
What is Driving While Ability Impaired (DWAI)?
Driving While Ability Impaired means driving while slightly compromised—either physically or mentally—in exercising clear judgment, sufficient physical control, or due care due to alcohol or other drugs.
DWAI is less serious than DUI because it involves cases in which the defendant is accused with only slight impairment, not substantial impairment. The State can prove their case for DWAI if your BAC is 0.02 or higher.
What is the “Persistent Drunk Driving” Law?
If your BAC is 0.15 or higher on a first time offense, your charge can automatically be escalated as if it were your second time being charged with a DUI under a statue called the “persistent drunk driver” law. Under this section, or if you receive a second DUI, penalties escalate to a year in jail, $1500 fine, and 120 hours community service. On the fourth time, DUI can become a felony charge.
With a skilled attorney, however, you greatly increase your chance of avoiding these severe penalties. Final outcomes can vary widely, based on the circumstances of each case and the attorney fighting to defend your interests.
How Much Alcohol Makes You “Drunk”?
Although there is no hard and fast rule, many people find that a drink–one 12 oz. beer, 5 oz. of wine, or 1.5 oz. of 80 proof liquor–contributes roughly 0.02 to their BAC. Body size, amount of food ingested around the same time, and drinking habits also affect how quickly the body metabolizes alcohol in the blood stream. Professional colleague Robert Slim presents more information and an educational table here.
Contact a DUI Lawyer in Boulder Today
Being convicted of a DUI, DWAI, or another alcohol related offense can take a heavy toll on your employment, relationships, freedom, and reputation. If you have been charged with DUI or DWAI, contact Attorney Walker Fults for a free case evaluation and a hard-hitting defense.
