Facing a DUI or DWAI charge in Colorado can be a stressful experience. If this is your first time being charged, it's natural to feel overwhelmed and uncertain about what steps to take next. A DUI or DWAI charge carries significant penalties, and having a knowledgeable attorney on your side from the very beginning can make a substantial difference in the outcome.
At Grabski & Shah, we understand your situation and are here to provide clear-headed and effective legal representation when you need it most. Everyone deserves a strong defense, and we dedicate ourselves to protecting the rights and futures of our clients. Located in Colorado Springs, Colorado, we are committed to helping our clients understand breath and blood tests as well as the penalties associated with these charges and the possible defenses you can use.
Colorado's DUI and DWAI Laws
In Colorado, you can be charged with Driving Under the Influence (DUI) or Driving While Ability Impaired (DWAI). Understanding the distinction is essential, as it affects the charges and potential penalties you might face.
A DWAI charge means that your ability to operate a vehicle is affected to the "slightest degree" by alcohol or drugs. This is a lower standard than a DUI. For a DWAI, law enforcement must demonstrate that your coordination or judgment was impaired, even minimally.
A DUI charge, on the other hand, means you are "substantially incapable" of safely operating a vehicle. This is a higher threshold of impairment. Colorado law also includes a "per se" rule. This means that if your Blood Alcohol Content (BAC) is 0.08% or higher, you can be charged with DUI, regardless of whether your driving was observably affected.
It's also important to be aware of Colorado's Express Consent Law. When you drive on Colorado roads, you automatically give your consent to take a chemical test (breath or blood) if a police officer has probable cause to suspect you are driving under the influence. Refusing this test has immediate and severe consequences, including a one-year revocation of your driver's license.
Blood Tests vs. Breath Tests
When you are asked to submit to chemical testing, you generally have a choice between a blood test and a breath test. Each method has its own procedures and potential for error.
Breath Tests
A breath test, often administered using a device like an Intoxilyzer 9000, measures the amount of alcohol in your deep lung air and converts it to an estimated BAC. These tests are fast and non-invasive. However, their accuracy can be challenged on several grounds. Some key factors that can affect a breath test's reliability include:
Improper calibration: The machine must be regularly calibrated and maintained to produce accurate results.
Operator error: The officer administering the test must follow precise procedures to ensure the accuracy of these tests.
Medical conditions: Certain conditions, like acid reflux or diabetes, can create substances in your breath that the machine might misread as alcohol.
Contamination: Mouthwash, breath spray, or even burping can introduce residual mouth alcohol, leading to an inflated reading.
Blood Tests
A blood test is considered a more direct and accurate measurement of your BAC at the time of the draw. A blood test is invasive and takes longer, as the blood sample will need to be sent to a laboratory for analysis. While often seen as more reliable, blood tests are not infallible. Some of the potential issues with blood tests include:
Improper collection: The person drawing your blood must be a qualified medical professional, and the site of the draw must be cleaned with a non-alcoholic antiseptic.
Chain of custody: The sample must be handled, labeled, and tracked properly from collection to testing. Any break in this chain can compromise the evidence.
Testing errors: Mistakes can occur at the lab, including sample contamination or errors in the analysis process.
Fermentation: If not preserved correctly, the blood sample can ferment, which can create alcohol and lead to a falsely high BAC reading.
An experienced criminal defense attorney can scrutinize the details of how your test was administered and processed to identify potential weaknesses in the prosecution's case.
Penalties for DUI and DWAI Charges in Colorado
In Colorado, the consequences of a DUI or DWAI conviction can be severe and long-lasting, and the penalties typically increase with each subsequent offense. For a first-time DWAI, you could potentially face the following penalties:
Eight points on your driver's license
Up to 180 days in jail
Fines of up to $500
Up to 48 hours of community service
On the other hand, for a first-time DUI, the penalties are steeper. Some of the common penalties you might be subject to include the following.
An automatic nine-month license revocation
Up to one year in jail
Fines of up to $1,000
Up to 96 hours of community service
Required alcohol education and therapy classes
Penalties for second, third, and subsequent offenses increase substantially, including mandatory jail time, longer license suspensions, and the requirement to have an ignition interlock device installed in your vehicle. Beyond the legal penalties, a conviction can also lead to higher insurance rates, difficulty finding employment, and a permanent mark on your criminal record.
Building a Defense Against DUI/DWAI Charges
Just because you have been charged does not mean you will be convicted. At Grabski & Shah, we work to build a strong defense by carefully examining every piece of evidence. A successful defense strategy often involves challenging the prosecution's case on procedural or factual grounds. Some common defense strategies include:
Questioning the traffic stop: Did the officer have a legitimate reason (reasonable suspicion) to pull you over in the first place? If not, any evidence gathered after the stop could be suppressed.
Challenging field sobriety tests: These tests are subjective and can be difficult for anyone to perform perfectly, even when sober. Medical conditions, fatigue, or poor instructions can all affect performance.
Attacking the chemical test results: As detailed earlier, both breath and blood tests have potential flaws. We investigate the maintenance records of the breathalyzer, the qualifications of the person who drew your blood, and the procedures followed at the testing lab.
Disputing probable cause for arrest: An officer must have probable cause to arrest you for DUI or DWAI. We analyze the officer's report and body camera footage to determine if the facts truly supported the decision to make an arrest.
Every case is unique. We take the time to listen to your side of the story and conduct a thorough investigation to find the best path forward for your specific situation.
DUI/DWAI Attorneys in Colorado Springs, Colorado
At Grabski & Shah, we understand the seriousness of a DUI or DWAI charge and the importance of adhering to Colorado's legal procedures. A missed court date or improperly filed document can have serious and lasting repercussions. That is why it is so valuable to have your case managed correctly from the outset.
Our attorneys, Jared Grabski and Meghal Shah, provide thoughtful and strategic legal help when it matters most. We are committed to defending the rights and protecting the futures of our clients throughout Colorado Springs, Colorado, and the surrounding communities. Contact us today to schedule a consultation.
